Bronx, NY asked in Personal Injury for New York

Q: What is my personal liability if an accident occurred to a member of the public while performing work for my employer?

I work for a construction firm. A member of the public was injured while I was performing a work task. The person tripped on a piece of equipment I was using. Does my company's general liability insurance cover me? Can I be personally named in a possible suit?

The work was performed at the direction of my employer for the benefit of my employer; however, my biggest concern is that the task I was performing is not necessarily included in the job description for my job title. Does this matter and effect me adversely? Or does the fact that my employer asked me to do the task and I was following my employer's direction cover me?

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2 Lawyer Answers
Jonathan Damashek
Jonathan Damashek
  • New York, NY
  • Licensed in New York

A: Most likely you will not be brought into the case personally. Either way, if the accident happened during the scope of your employment, your employer's insurance should cover you. It shouldn't matter if you were performing a task outside of your job title----unless it is an intentional act, such as a battery.

David Alan Wolf
David Alan Wolf

A: You do not necessarily have immunity. However, in most instances, the attorney for the personal injury victim will focus the attention on the company and the insurance carrier. Your role in the case will most likely be that of a witness. Good luck.

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