Accidents Caused by Fellow Employee Compensation Claims
Every employee owes a duty of care to their fellow workers and accordingly should they be responsible for an accident causing personal injury it should be possible to pursue a claim for compensation.
Any claim for personal injury compensation caused by the negligence of a fellow employee would be brought against the employer under the doctrine of Vicarious Liability.
This is important as the negligent employee is unlikely to have any funds with which to meet a claim for compensation themselves. The employer however is obliged to have employer liability insurance to cover such eventualities.
In order for Vicarious Liability to apply the negligent employee must have been acting in the course of their employment.
In other words the activity that they were undertaking at the time of the accident must have been within the scope of their normal work, albeit that it was undertaken negligently.
In the event that an employer can establish that the employee was acting outside the scope of their employment Vicarious Liability will not apply.
This is an extremely complex area of law but an obvious example of when an individual would be acting outside the scope of employment would be if they assaulted a fellow employee in the pub after work.
Disputes may also arise where an individual is employed by an Agency or is sub-contracted to undertake tasks for a different company.
In such circumstances the individual’s employer may argue that Vicarious Liability should not apply as they had no control over the manner in which their employee undertook the work whilst receiving instructions from a different company.
At Sintons our personal injury specialists have a wealth of experience in dealing with accident claims at work and can advise you fully on the issue of Vicarious Liability.
All personal injury claims are pursued on a No Win No Fee basis so you can rest assured that there is no financial risk.
To begin a personal injury compensation claim or obtain further advice with no obligation contact Sintons 24/7.
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