Can I be sued if injury occurs while I'm training a co-worker?
by Anonymous (Florida)
I was training a co-worker on a piece of heavy equipment and he was injured. I have no certifications to train other than 10 years of heavy equipment operations. My employer has made a statement to me that there is no way that I can be sued, but I'm still wondering if I can be held responsible.
Can I be held liable or sued for injuries to a co-worker while training him? What would happen in this scenario? I work in Florida. Thank you.
Disclaimer: Information provided in our response is NOT formal legal advice. It is generic legal information based on the very limited information provided. Under no circumstances should the information in our response, or anywhere else on this site be relied upon when deciding the proper course of a legal matter. Our response does NOT create an attorney-client relationship. Always get a formal case review from a licensed attorney in your area.
ANSWER for "Can I be sued if injury occurs while I'm training a co-worker?":
It is very unlikely you will be sued for the injury to a fellow worker. As long as you were acting within your scope of employment, you have little to be concerned with.
If your employer is covered by workers' compensation insurance, the injured employee will be covered. As an employee of the insured company you are part of the company, and as such are immune to suit.
If, in the alternative, you weren't acting within the scope of your employment duties and took it upon yourself to train the injured employee, you might be liable, but that is really stretching it. From the facts you present you really have nothing to worry about.
Speak with your employer. Ask them to assure you their workers' compensation not only covers the company, but you as well. You'll likely find you are completely protected. If you can't speak with a company representative, contact the workers' comp representative. He will confirm you are protected and covered by their insurance.
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.
The accuracy of information provided on this site is not guaranteed. It is generic information for informal purposes only. It is NOT formal legal advice. Your use of this site does NOT create an attorney-client relationship. Before relying on any information found in this site you should consult with a licensed attorney in your state. If you are currently represented by an attorney, you should strictly abide by his/her counsel.