Legal Question in Workers Comp in Texas

Wasp sting

I have a small construction company and the other day a worker was stung by a wasp. He told my foreman he was allergic to bees and asked to be taken to the ER. My foreman took him and I got a bill from the ER for over 500.00 for a Benadryal. Should I be responsible for a wasp sting? He knew he was allergic to bees so why would he not carry medicine for this. There had not been any mention of wasps in the area before this. Am I liable for this bill? Through Workman's Comp or if I did not want my premium to go up I would have to pay out of my pocket.


Asked on 7/15/09, 6:29 pm

1 Answer from Attorneys
Matthew Lewis Booker & Lewis, P.C.

Re: Wasp sting

If you carry workers' compensation insurance, then you could turn in the claim and let it be the insurance company's problem. The employee could turn in the claim anyway.

Otherwise, you could pay it yourself. When you carry workers' compensation, it doesn't matter who was at fault or how much at fault they were or that they could have carried around medicine to reduce your loss. The only question is did they sustain damage or harm to their body while they were in the course and scope of their employment.

If you do not have workers' compensation coverage, then you would only be responsible if the employer was somehow negligent. That's great on a bee sting injury, but not so great when the injury is a herniated disc in the neck or back that requires surgery, or a hand that gets stuck in a machine or something.

You also might check your work comp policy, it might require you to report all injuries to the work comp insurance company no matter how insignificant.

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Answered on 7/15/09, 9:44 pm


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