Lady talking to a group of people

Personal injury

Are employers always responsible for employees actions?

We are all prone to making mistakes at work, but, sometimes, those mistakes can result in fellow employees being injured.


03 June 2015

Can the injured employee seek compensation from their employer?

The answer is yes, if certain conditions are satisfied. This area of the law is known as “vicarious liability,” and in most cases, deciding whether an employer is vicariously liable for the actions of employees is relatively straightforward.

The test is whether the employee who caused the injury did so while carrying out their duty as an employee. When an employee acts in a totally unexpected way whilst carrying out their duties, the position becomes more complicated.

Take, for example, a care worker abusing the children he has been employed to care for, or a doorman who goes home to obtain a knife and then uses it to stab a customer.

Liability

In neither of these scenarios were the actions in any way authorised or encouraged by the employer, but the victims in both cases were able to recover compensation from the employer by relying on the law of vicarious liability.

In a recent case, a client worked in a bodywork repair shop. One of his fellow workers and friends - in what was described as “horseplay” - sprayed highly inflammable thinning agent on to his overalls and then sparked his cigarette lighter.

The client, unsurprisingly, suffered very serious injuries. It was argued on his behalf, that his fellow workers conduct was so closely connected with what he was employed to do that his employer was vicariously liable, and he was entitled to compensation for his injuries.

On this occasion, the Court disagreed and the claim failed because it was decided that merely giving an employee an opportunity to commit a wrong is not sufficient to impose vicarious liability.

How we can help

For a free consultation about a work accident compensation claim, call our No Win No Fee Personal Injury Lawyers on 0330 041 5869 or contact us online and we'll call you.

All information was correct at the time of publication.

Find out more from our experts
Family happily sitting outside, reading book
Accident at work
What is employers liability insurance?
Employers' liability insurance is a legal requirement for almost every UK employer. This guide covers all you need to know about how it helps to pay for injury compensation.
Family happily sitting outside, reading book
Accident at work
Accident at work FAQs
Injury in the workplace can be stressful and often life changing and the process of claiming compensation following it can seem daunting. We aim to ensure that you are well prepared and informed before you start your claim.
Hospital worker taking notes
Employment law
Stress at work compensation
Your employer has a duty of care to consider the impact of stress in the workplace. Where this hasn't happened and your mental or physical health has suffered as a result, you may be able to make a work related stress compensation claim.
Woman listening to friend intently
Employment legal
Employment law solicitors
Are you an employee having issues at work? Our expert team of employment law solicitors are here to help. Contact us for legal advice and representation.
Search our website
Filter
Filter:
Sorry, we have no results to show
Please try a different search term.
Oops, something went wrong
Please try typing in your search again.
Back to top