Legal Question in Employment Law in Pennsylvania
I am a biomedical equipment technician, and have been working in the field for over 15 years. I recently gained employment for an independent service organization who's professional ethics I question.
I recently performed some maintenance on an anesthesia machine of which I have no formal training. My question is, if this device causes any harm to a patient, am I criminally at fault, or negligent? Or would I be covered under my employers liability insurance?
1 Answer from Attorneys
You should be covered by your employer's insurance, as long as you are not an independent contractor. You may still be named as a defendant in the case if they can show that your work was the reason for the injury, but your employer will be the primary defendant under vicarious liability theory of law.
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