QUESTION
Am I still a respondant superior if my employee is injured working for another contractor
Asked on Apr 03rd, 2014 on Employment Contracts - Pennsylvania
More details to this question:
I have a part time employee, lets just call him Bob, well for the job we were doing I was the sub not head contractor. One of the days my company (myself and 2 others including Bob) wasnt supposed to be working, Bob went to work directly under the head contractor without me or anyone else knowing. My employee insurance had just lapsed and Bob was injured while working for the main contractor, not me. Am I still liable even though it wasnt technically "in the course of employment"? If he was "off the clock" and was getting paid by and working for the head contractor shouldnt their insurance be the one to cover his medical bills etc??
1 ANSWER
You should not be liable for Bob's injury which occurred when he was not working for you. If Bob was moonlighting for McDonald's, there wouldn't even be a question. The problem is that, because Bob was doing work on the same project on which you were working, it could look as if he was doing work for you, and others (like the g.c.) may argue that he was. But if you can show that Bob was not in fact working for you, but rather doing separate work for someone else for which the other party paid him, you should not be liable.
For the record, this has nothing to do with the legal doctrine of respondeat superior. Respondeat superior is a legal doctrine which makes an employer liable to third parties who are damaged by wrongdoing or negligence committed by an employee while acting within the scope of his or her employment.
Answered on Apr 03rd, 2014 at 4:53 PM