Sometimes a Trafford accident at work is not the fault of your employer, but one of your colleagues. However, this does not mean that you cannot hold your employer liable for your injuries. Under the principle of vicarious liability, your employer may be legally responsible for your accident and may have to pay you compensation for your injuries.
This is not to say, though, that your colleague will get off scot-free. Even if you can prove your employer was vicariously liable, you will still be able to pursue your colleague individually. If, for some reason, you are unable to receive full and fair compensation from your employer, you may wish to take legal action to recover the balance from your colleague. In addition, your employer may seek reimbursement from your colleague for any compensation paid to you, although in practice this rarely occurs.
Protect your legal right to receive Trafford accident at work compensation
When insuring their business, your employer will generally take responsibility for any harm your colleagues cause to you in the course of your employment. However, your employer has the right to dispute a vicarious liability claim on the following grounds:
- Your colleague was not an employee, but an independent contractor
If the person who caused your Trafford accident at work was an independent contractor, you will only be able to hold your employer liable for your injuries if you can prove that your employer appointed an incompetent contractor and/or failed to provide the contractor with adequate supervision.
- Your colleague did not harm you in the course of your employment
If your employer did not instruct the person who caused you harm to perform the task that led to your Trafford accident at work, vicarious liability may not apply. For example, if your colleague deliberately harmed you while you were at work, you will not be able to hold your employer liable since your colleague voluntarily diverted from your employer’s instructions.
The law surrounding vicarious liability is complicated and if you think it applies to your Trafford accident at work claim, you will need to hire a personal injury lawyer who fully understands the nuances of the law. To get in touch with the lawyers here at Accident Advice Helpline, simply call our freephone helpline or fill out our 30-second test. If you were not responsible for your accident, we should be able to help you make a 100% no win, no fee claim.
Date Published: 14th November 2014
Author: Jan Newell