Compensation claims resulting from workplace accidents typically fall into three primary categories:
- Claims due to the employer’s fault.
- Claims based on the employer’s breach of statutory duty.
- Claims arising from the employer’s vicarious liability for the actions of their employees.
Understanding Workplace Accidents
A workplace accident is defined as “an identifiable event during work that causes physical injury.” These incidents can occur due to various reasons, such as negligence, carelessness, or unsafe working conditions.
There are multiple factors that can lead to workplace accidents, including inadequate training, lack of experience, or unclear instructions. In some cases, faulty tools or equipment may contribute to accidents.
Certain industries, like construction or manufacturing, are more prone to accidents due to the heavy machinery or hazardous materials involved. Conversely, office workers are more likely to experience accidents like slips, trips, and falls, which account for more than 30% of workplace injuries.
Given the many potential causes of accidents, it’s important to note that anyone injured at work has the right to file a claim. To succeed in a personal injury claim, gathering evidence is essential. This includes ensuring the accident is recorded in the employer’s Accident Book and keeping your own written record of the incident and injuries. Additionally, medical records, photographs of damaged equipment, and witness contact information will help establish liability later.
Vicarious Liability
Employees who breach their duties may be liable to their employer for any resulting damage, even if their actions were not negligent. The Health and Safety at Work Act 1974 prohibits individuals from intentionally or recklessly misusing equipment or resources that are meant to ensure health and safety.
Employers are also obligated under Section 3 of the Act to ensure their actions do not expose non-employees to health and safety risks. Section 2 further emphasizes that employers must, as far as reasonably practicable, ensure their employees are not exposed to unnecessary risks while at work.
Vicarious liability refers to a legal principle where employers are held accountable for their employees’ actions that occur during the course of employment. This form of liability reflects social policy by ensuring the cost of accidents is shared. Employers are expected to absorb these costs through insurance or higher prices for goods and services.
Implications for Employers
The case of Lister v Hesley Hall Ltd is crucial in understanding the modern approach to vicarious liability. It established that employers could be held strictly liable for their employees’ negligent or wrongful acts if these actions are closely connected to the employee’s role. This ruling broadens the scope of 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. In this case, a nightclub owner was found vicariously liable after their aggressive bouncer stabbed a claimant following an altercation earlier in the evening.
Vicarious liability has evolved significantly over time. Initially, it was a straightforward principle making employers responsible for their employees’ actions. However, modern law now applies this concept in more nuanced ways, including cases involving non-employees or situations outside direct employer-employee relationships. Lister v Hesley Hall was pivotal in extending vicarious liability to wrongful acts committed by employees that are closely related to their job.
How we can support you with workplace injury law
As the workforce continues to evolve, vicarious liability remains a key component of workplace injury law. While it is important for employers to understand their responsibilities, the law is increasingly adaptable to new employment structures, ensuring that injured workers are protected.
At What’s My Claim Worth (WMCW) our specialist solicitors have successfully assisted many employees in claiming compensation for injuries caused by the actions of fellow workers. The following are just some examples:
- Helping a man claim damages after he fractured his arm when a colleague, as part of a birthday prank, wrapped him in plastic and held him upside down, only to drop him, causing injury.
- Assisting a worker whose colleague approached from behind, grabbed him tightly around the chest and back, and caused broken ribs due to excessive pressure.
If you’ve been injured at work and would like to discuss making a possible claim for compensation then please reach out to one of our friendly and specialist solicitors at What’s My Claim Worth (WMCW) on 01244 312306 or 01244 568 535.