Employer Liability

 

Employer liability in personal injury refers to the duty an employer has to his employee to take reasonable care in ensuring that the employee does not suffer a personal injury. Failure to fulfil this duty can make employer personally liable to an injured employee. There are two main ways employer liability can arise: because of negligence, or because the employer is in breach of legislation. Examples of legislation outlining specific employer duties are the Health and Safety at Work Act and the Occupiers' Liability Act

An employer is under a duty to take reasonable care of his employees' health and safety in the course of their employment. The employer should ensure that their staff are competent at the job they are doing, that the equipment is adequate for the job they are doing, that there is a safe system of work and that the premises are safe.

In addition, it is possible for an employer to be 'vicariously liable' for the actions of its employees if they cause harm to another employee or a member of the public. An employer can be responsible for their employee's actions that occur during the course of their employment. The law allows vicarious responsibility as the employer has 'deeper pockets' than the employee and therefore the claimant can receive a more suitable compensation award from them. In addition, as an employer can profit from the actions of their employees, they should also be responsible for losses caused by the employee during their employment.

It is important for solicitors to be involved in any proceedings relating to employer liability, as the claimant's solicitor will need to consider all ways in which an employer may be liable. The defendant's solicitor may need to look at the possibility that the employee was in some way at fault and as a result should have his damages reduced.

If you would like to obtain legal advice on the law relating to employer liability in personal injury cases or advice about the duty of an employer to an employee, Caven can put you in touch with a local specialist personal injury solicitor free of charge. So, if you have any questions or would like our help in finding local personal injury solicitors please call us on 08001 221 2299 or complete the web form above.

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