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Personal Equipment Damage

Discussion in 'Workers Compensation' started by Tim_H, Apr 5, 2019.

  1. Tim_H

    Tim_H Law Topic Starter New Member

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    Jurisdiction:
    Nevada
    An employee's camera was stolen while using it for work. This took place off-site while taking photos of a client. We do require our photographers to use their own equipment or rent gear from the company to perform the work. Are we, the company, liable for the stolen equipment of the employee?
     
  2. army judge

    army judge Super Moderator

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    It is impossible to say with certainty, but absent any WRITTEN agreements or contracts asserting that you (the employer) assume responsibility for equipment you mandate your employees to possess or use on your behalf I doubt that an employer is LEGALLY required to reimburse employees for the criminal acts of others.

    I could find no State of Nevada law covering your situation except for mandated employee personal protective equipment.

    The MORAL thing to do is reimburse the employee, IF said employee was following all your directives and mandates.
     
  3. Tim_H

    Tim_H Law Topic Starter New Member

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    Thank you. I am attempting to assist an employee in this matter. I agree on the morality of the situation but must operate within the confines of our corporate policies. Was really hoping it would be in favor of the employee.
     
  4. army judge

    army judge Super Moderator

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    You offer employees a choice to rent equipment from you (that you insure for such contingencies), or use their own at their peril.

    If you've made that clear, anything you do to help the impacted employee is simply as a caring employer.
     
  5. adjusterjack

    adjusterjack Super Moderator

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    No.

    At the risk of being callous, the employee should have (or maybe does have) insurance on his own property. If he didn't, that's his problem.

    You pay for one employee's loss then everybody will be expecting you to pay for their losses.

    I've seen similar situations where auto mechanics use there own tools and leave their tool chests at work. Something gets stolen and the employer is not responsible.
     

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