Co-worker brings kids to work afterschool but the kid got injured at work does company have a liabilty to kid.?

ERY: Co-worker brings kids to work afterschool but the kid got injured at work does company have a liabilty to kid.?
My co-worker brings his 2 small kids to work in the warehouse after school. One day the smallest child got injured when running around in the warehouse and fell over some 10′ rods. Does the liability lie on my employeer or co-worker. Can my co-worker sue our employeer for injury and damages.

Answers and Views:

Answer by Emily
Yes they can sue but that would be stupid to do. The co-worker should not have let the kids run around.

Answer by Bishop McFeely – Altar Boy Lover
Workers comp only covers workers so your co-worker is responsible. And if he actually reports this your company may very well be fined for having children on the job site or even lose their license to operate. That is so illegal it ain’t even funny. Your co-worker will probably be fired if he tries anything funny.

Answer by Pal
If the worker has written permission from the employer for the kids to be there then there could be some implied responsibility. I cannot imagine any employer giving such permission especially for kids to be unsupevised in a dangerous place like a warehouse. I expect your co worker can expect to be fired any day now.

Answer by Reena
Only if he had permission from his employer to bring the children into the warehouse.

My bet is that the employer didn’t know about this… and in this case the parent is responsible for the injuries to their child. A warehouse is not a place to let small children run around and the employer would have never given permission to the employee to bring the kids to work.

This would be a frivolous lawsuit at best and a guaranteed job loss to your co-worker. I would fire him for cause and I can guarantee you that he would not get any unemployment no matter how many times he appeals.

Answer by mbrcatz
No more than any OTHER non-employee on the premises.

That means, there likely won’t be any automatic offer of payment, unless it’s medical bills only, under medical payments coverage – IF the warehouse has it. And many, MANY warehouses not open to the public, do NOT carry “medical payments” coverage. That would be a “no fault” coverage.

The coworker is probably GOING to have to sue the employer, to be paid medical bills, and WILL have to sue, for any “damages” or “compensation” outside of medical bills.

In order to win, the coworker will have to prove that:

1. The employer had a duty to keep the area reasonably safe for expected use (which does NOT include children running around playing)
2. That somehow, there was a breach of that duty
3. That the child was injured
4. And that the injury was directly caused by the employer’s breach of duty.

If the rods were where they normally are stored, and the child was where he shouldn’t be, (and he obviously wasn’t behaving how he should behave), and ESPECIALLY if the employee brought the child to work without the consent of the employer, they are not going to win that lawsuit.

So much so, that the coworker might have a hard time finding a lawyer to take this case.