If I’m employed by a farm as a laborer, amI responsible for any damage accidentally done by me?
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If I’m employed by a farm as a laborer, amI responsible for any damage accidentally done by me?
I was burning a brush fire. It got out of control and burned many round bails of hay, an old barn, and an old house on neighbor’s property (used for storage). I receive 1099 income.
Asked on June 19, 2011 under Employment Labor Law, Virginia
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
An employer is liable for the negligence of an employee which occurs during the course and scope of employment.
The problem however is that you said you are receiving 1099 income from the employer. This would indicate that you are an independent contractor instead of an employee. As an independent contractor, you would be liable for negligence that occurred when the fire got out of control and burned the hay, the barn and the house.
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