Employer liability at work

 

What does it mean?

Employer liability 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.

Health and safety

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.

Vicarious liability

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, Contact Law 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 0800 1777 162 or complete the web form above.

Call
0800 1777 162
or fill in the form
Our trained advisor contacts you
Your chosen specialist solicitor calls you
Quick enquiry form
Area of law:
Name:
Town/City:
Email:
Phone:
What our clients say about us
"This was the first time I've been to court, which was a nerve-racking experience for me. However, I felt very prepared, I understood my case and representation - this was down to you."
Gavin, criminal motoring, Oct 15
"Your service, and the prompt call back from your recommended firm was very good. I would not hesitate to call again or recommend your service."
Ian, employment law, Truro, July 15
"The firm were excellent, could not have been better! They are exactly what I need right now."
Linda, criminal defence, Thames Ditton, Jul 15
"Your contact and service was immediate and utmost professional, 10/10."
TF, conveyancing, Dudley, Jun 15
"I appreciate the service that you provide. I found you to be courteous, efficient and reassuring at a time when my confidence in justice is completely negative."
Patrick, litigation, Pontypridd, Jun 15
"I cannot tell you how much I appreciate the speed of which you came back to me in. If anyone else can benefit from your help like I have done, it would make my day."
Gail M, family law, Potters Bar, Jun 15
"Your assistance was extremely helpful. Particularly to someone who in 40 years of business has never experienced this sort of issue."
TD, commercial litigation, Galashiels, Apr 15
"It is difficult to express the value Contact Law has to someone like me who had very little understanding of the law and how to proceed forward with my case. Thank you for the service you provided."
AE, defamation law, Worthing, Apr 15
"Thank you for the efficient service I received. I was contacted by your solicitor on the same day as my request. Your quick response to my situation made me feel secure."
AN, employment law, London, Apr 15
"Your service was excellent, very fast and informative. I never got the impression of being pressurised at all. The solicitor you recommended was also excellent – very knowledgeable and supportive."
JHD, Motoring law, Liverpool, Apr 15
Contact Law supports the endeavours of STAE and commends all the work they are undertaking to assist in the plight of the Asian Elephant

 

We use cookies on the Contact Law site to help us improve it.

If you would like to allow our cookies, please click 'Continue' or carry on browsing. For more information on cookies and how to change your settings, click 'More info'.