.: Is Your Boss Covered? Employer Liability – The Facts
By:Julian Hall
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.
Article keywords: Personal injury, Accident Claim, Accident at work, road traffic accident, employer liability claims
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