If You Have Suffered a motor
accident, whiplash
injury, accident
at work, medical
negligence, faulty
goods, criminal
injury, slip
or trip, industrial
injury, accident
in a public place or would just like some advice, please don't hesitate to
give us a call on 08000 71 22 71 for any personal
injury, medical negligence, road traffic accident, no win no fee accident
claims
Every employer in the UK is obligated to ensure that a safe system is in place
for their employees. Are you unsure if you employer is negligent in an accident
case or if it was your own fault? Read on. If your employee is classed as an occupier, even permission as regards to
trespassers and those who may need to be chased off the premises is within their
remit of obligation. They are required to be reasonably aware of any danger
which exists that may cause or result in the injury to such persons, that they
are or may come near. To also be aware and take steps to guard against the risk
of any accident which may be foreseeable by either himself or an employee.
An accident book must be kept where a firm exists that has more that 10
employees. Adequate insurance should be taken out by an employer to cover
against any liability or claims against them for personal injury. They are not
to discriminate or hinder an employee whilst pursuing a valid personal injury
compensation claim against them.
By law, an occupier of premises will need to have a statutory notice in place to
cover any persons coming there in a lawful capacity. To also ensure the premises
are deemed reasonably safe and accidents are avoided. This duty extends not just
to employees but to visitors including members of the public.
It's not a free reign however for employees to start falling downstairs.
Employers do have some protection in place and will not be liable for all
accidents caused by their employees. The circumstances will depend upon if the
accident represented part of the business, or something which the employee is
purely liable. For example, criminal acts are obviously down to the employee. In
all cases however, expert legal advice should be sought.
What about vicarious liability? The law states that "An employer is vicariously
liable for negligent acts or omissions by his employee in the course of
employment whether or not such act or omission was specifically authorized by
the employer. To avoid vicarious liability, an employer must demonstrate either
that the employee was not negligent in that the employee was reasonably careful
or that the employee was acting in his own right rather than on the employer's
business".
So in short an employer is liable for damage caused by the negligence of an
employee. Providing this is whilst performing an activity relating to their job
function whilst in the workplace. This can be due to the negligence of an
employee or lawful visitor. It is also important to take note that if an
employee is driving whilst on business and through negligence, causes a road
traffic accident, the employer will be held responsible.
If You Have Suffered a motor accident, whiplash injury, accident at work, medical negligence, faulty goods, criminal injury, slip or trip, industrial injury, accident in a public place or
would just like some advice, please don't hesitate to give us a call on 08000 71 22 71 for any personal injury, medical negligence, road traffic accident, no win no fee accident claims |