Claims for compensation arising from an accident at work typically fall into three categories:
- Claims arising from the employer’s fault.
- Claims based on the employer’s breach of statutory duty.
- Claims arising due to the vicarious liability of the employer for the actions of their employee.
Understanding Accidents at Work
An accident at work is defined as “an identifiable occurrence during work that leads to physical injury.” This can involve any unintended event, whether due to negligence, carelessness, or unsafe working conditions.
The causes of workplace accidents are varied. These may include insufficient training, inexperience, or unclear instructions. In some cases, defective tools or equipment could lead to accidents.
Certain professions, such as construction or industrial work, are more prone to accidents due to the nature of the job, involving heavy machinery or hazardous chemicals. On the other hand, office workers might experience incidents like slips, trips, and falls, which in fact make up over 30% of workplace injuries.
Given the range of potential causes, it’s crucial to note that anyone who suffers an injury at work has the right to make a claim. To succeed in a personal injury claim, it is important to gather evidence. It is important that the accident details will be recorded in the employer’s Accident Book, and the claimant should keep their own written record of the incident and the injuries sustained. Evidence such as medical records or photographs of damaged equipment will be useful in establishing liability later on, as would obtaining the details of any witnesses to the accident.
Vicarious Liability
An employee who breaches their duties may be liable to their employer for any resulting damage, even if they did not act negligently. Under the Health and Safety at Work Act 1974, individuals are prohibited from intentionally or recklessly misusing equipment or resources provided to protect health and safety.
Employers have a duty under Section 3 of the Act to ensure that their actions do not expose others (not in their employment) to health and safety risks. Section 2 further outlines that employers must ensure, as far as reasonably practicable, that their employees are not exposed to unnecessary risks during work.
Vicarious liability is a form of strict liability where an employer is held responsible for the actions of their employees carried out in the course of their employment. This form of liability reflects social policy by ensuring that the cost of accidents is shared, as employers can absorb such costs through insurance and higher product prices.
Implications for Employers
The case of Lister v Hesley Hall Ltd is key in understanding the modern approach to vicarious liability. It established that employers can be held strictly liable for the torts (negligent and wrongful acts) committed by their employees if the acts are closely connected to the employee’s job. This ruling effectively broadens the scope of what constitutes an employer’s responsibility.
In Mattis v Pollock, even a non-work-related crime committed by an employee was considered an act for which the employer could be held liable under vicarious liability. This case found the employer – a night club owner to be vicariously liable when their aggressive bouncer at a nightclub stabbed the Claimant following a disagreement at the nightclub earlier in the evening.
Vicarious liability has evolved significantly over time, from a simple principle that made employers responsible for their employees’ actions, to a more nuanced doctrine in modern law. Initially rooted in the idea of an employer compensating an injured worker, vicarious liability is now also applied in cases involving non-employees or even cases outside of direct employer-employee relationships. The landmark case Lister v Hesley Hall extended the principle of vicarious liability to situations involving wrongful acts committed by employees that were closely linked to their work.
How we can help
As the workforce continues to evolve, the concept of vicarious liability remains a crucial aspect of workplace injury law. While it is important for employers to understand their responsibilities, the law is increasingly flexible in addressing new employment structures, ensuring that injured workers have the protection they need.
At Oliver & Co Solicitors we have assisted many employees successfully claim compensation for personal injuries caused due to the actions of their fellow employees. For example:
- Assisting a man in successfully claiming damages/compensation when he fractured his arm after his fellow employee as part of a birthday prank wrapped him in plastic wrapping and held him upside down but then unfortunately dropped him causing an injury.
- On another occasion we have assisted a worker whose colleague came up to him from behind and put his arms about his back and chest squeezing him so tight his ribs broke.
If you have been injured at work and are considering making a claim then please contact one of our specialist and friendly solicitors at Oliver & Co solicitors on 01244 312306 or 0800 0250000
