Complete Labor Law Poster for $24.95
from www.LaborLawCenter.com, includes
State, Federal, & OSHA posting requirements

Announcement

Collapse
No announcement yet.

16 yr old driving on the job and in accident Washington

Collapse
This topic is closed.
X
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • cactus jack
    replied
    Tryinthis2, she's your daughter. I would expect that you would be in contact with the owners of the business and tell them what your concerns are, which is totally justified as her mom/dad and her age, and the lack of such contact by you may be a message to them that you trust her fully.

    I know what I went through when I was 15 & got a job working at a laboratory. The consent forms were out the ying yang. The safety instruction I got was worth it, but man it was intense. It's a matter of responsibility. If you don't think she's responsible enough to do certain parts of the job, then YOU should stand up and say so. If she's not responsible enough to drive by herself, take her driver's license away and give it to her only when you are with her driving.

    Leave a comment:


  • ElleMD
    replied
    It sounds like the owner isn't trying to escape liability just giving you some perhaps inappropriate advice to avoid being stuck for the cost of repairs if your insurance company won't cover it. Either way, it isn't illegal and it still doesn't make them liable beyond WC if your daughter was injured.

    Leave a comment:


  • HRinMA
    replied
    Originally posted by ElleMD View Post
    Your only recourse on that end is to report it to the DOL. If the DOL finds her employer at fault, they may issue a warning or fine.
    I agree. If you are trying to force the business to pay for the damages to either your car or the car your daughter hit, then I don't see a way for you to do it.

    Leave a comment:


  • tryinthis2
    replied
    they was referring to the employer. the owners told us if we didn't have coverage using a car for business purposes them don't tell them it was business.

    yes they were aware of her age. my daughter was not aware that she could say no and still keep her job.


    QUOTE=ElleMD;1232937]Who told whom to lie and to what party? "They" told "us" to lie to and unnamed party isn't helpful. Did whoever "they" is say what would happen if "you" did not? In any case, I would not lie about how the accident happened. While she should not have been asked to drive, the fact that she did so is not going to change anything as far as liability for the accident. She still caused an accident. The fact that she was running an errand for work as opposed to running one of her own does not alter anything. That is legally separate from whether she should have been driving in the first place. Did she tell her employer she was only 16 and therefore could not perform the errand? Did the person who asked her even know she was 16? Your only recourse on that end is to report it to the DOL. If the DOL finds her employer at fault, they may issue a warning or fine.[/QUOTE]

    Leave a comment:


  • ElleMD
    replied
    Who told whom to lie and to what party? "They" told "us" to lie to and unnamed party isn't helpful. Did whoever "they" is say what would happen if "you" did not? In any case, I would not lie about how the accident happened. While she should not have been asked to drive, the fact that she did so is not going to change anything as far as liability for the accident. She still caused an accident. The fact that she was running an errand for work as opposed to running one of her own does not alter anything. That is legally separate from whether she should have been driving in the first place. Did she tell her employer she was only 16 and therefore could not perform the errand? Did the person who asked her even know she was 16? Your only recourse on that end is to report it to the DOL. If the DOL finds her employer at fault, they may issue a warning or fine.

    Leave a comment:


  • cbg
    replied
    Ah, I see what you're looking at now. FYI, the FEDERAL law is limited to certain industries and is NOT all inclusive. I was on a different page for the state law which did not include all the information here.

    Leave a comment:


  • tryinthis2
    replied
    It's is a pdf ...it's covered under wac296.125.030 and rcw49.12.
    Under other prohibited job duties: http://www.lni.wa.gov/WorkplaceRight...asp#AllUnder18

    Leave a comment:


  • cbg
    replied
    I'm not finding an across-the-board prohibition against teens driving for work. I'm finding a prohibition against teens driving in certain hazardous industries. You want to post links to those laws that say she's not allowed to drive for work at all?

    Leave a comment:


  • tryinthis2
    replied
    I'm trying to find out what to do. She should never ever have been on the road, therefore the accident would never have been possible if the employer did not require her to drive. What they did is not legal....and for good reason. She just got her license.
    We were asked to lie to Lni and our insurance about what happened.

    Leave a comment:


  • ElleMD
    replied
    I'm not sure what you are looking for either. The ticket and liability for the accident are her responsibility whether 16 or 60. If she herself was injured, that would fall under WC.

    If you are upset about her being asked to drive to the bank, file a charge with the DOL. That doesn't absolve her of liability for the accident but the employer may end up with a warning.

    Leave a comment:


  • HRinMA
    replied
    What are you looking for the business to do?

    Leaving the age question to the side; businesses usually don't pay tickets for employees who get into accidents.

    Leave a comment:


  • 16 yr old driving on the job and in accident Washington

    I learned tonight that federal and state law prohibits 16yo from driving on the job. Today though, my child's boss sent her to the bank and she was in an accident. It was her fault so she got fined. I spoke to the owners and they basically said accidents happen and best of luck. No responsibility at all. I told them I'm not happy they sent my brand new driver to run their errands. They said well she should have taken the old van. They knew and old her driving her personal car. I'm trying to figure out what to do. They said we should lie and say the accident wasn't on the job. I'm not comfortable with lying. Who is responsible for taking care of the fallout from this?

    Also learned from reading that the employer is required to have a labor permit for a child in school that is signed by a parent and school. This did not happen.
    Last edited by tryinthis2; 05-14-2014, 10:22 PM. Reason: added labor permit info
The LaborLawTalk.com forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. The information contained on LaborLawTalk.com are opinions and suggestions of members and is not a representation of the opinions of LaborLawTalk.com. LaborLawTalk.com does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation.
Working...
X