Often, personal injury claims as a result of accidents at work involve defective machinery, unsafe premises or dangerous working conditions that have been directly created by the employer. But there are many serious injuries at work that are caused by the negligence of co-workers, supervisors or managers in the course of employment. In these instances, injured workers often feel that because the accident was caused by a co-worker and not the company, they have no legal recourse against the employer. This assumption is wrong. Negligence law and vicarious liability doctrine may make an employer liable for injuries resulting from negligent acts or omissions by employees that occur within the scope of their employment.
Workplaces today are built on teamwork and synchronised operations. In industrial settings such as factories, construction sites, warehouses, hospitals, transport operations and manufacturing plants, workers often depend on one another for their safety. The carelessness of one employee can result in catastrophic injury to another. A forklift operator might reverse into a worker in a negligent fashion; a supervisor might instruct workers to undertake unsafe activities; an electrician might fail to isolate a power source before maintenance work starts; or a site manager might ignore obvious safety hazards. In any of these cases, the employer could be held legally liable because one employee was negligent.
Employers have a duty of care under the law to take reasonable steps to ensure that employees are safe at work. This obligation is more than just providing a physical work place. Employers are also expected to have competent staff, adequate training, proper supervision, safe systems of work, suitable protective equipment and reasonable safety procedures. The duty is continuous and relates to the whole work environment including the way employees treat each other during operational activities.
If the standards are not maintained by the employer and the employee is injured, then a claim of negligence may arise. Significantly, the fact that the immediate cause of the injury was the action of another employee does not absolve the employer of responsibility. This is where the doctrine of vicarious liability kicks in.
Vicarious liability is an old common law principle whereby an employer can be held liable for wrongful acts committed by employees in the course of their employment. The reason for the principle is not difficult. Employers hire employees, direct their work, oversee operations and derive financial gain for the work performed. Because the employer owns the enterprise, the law considers it just that the employer should also be liable when employees negligently cause harm in the course of their employment.
This principle is particularly important in personal injury actions where individual employees are often not in a position to adequately compensate injured victims. Employers, on the other hand, are usually insured and better placed to pay compensation claims. As a result, claims are usually brought against the employer and not solely against the negligent employee.
Supervisors and managers are often in the middle of workplace injury cases. Supervisors are empowered and responsible for applying safety standards. But workplace pressures such as production targets, deadlines, understaffing and cost-cutting measures sometimes push supervisors to speed over safety. Workers may be instructed to disregard safety practices, to work with defective equipment, to lift too much weight, or to work without training or protective equipment.
In many cases, workers are following dangerous directions because they fear disciplinary action, loss of wages or dismissal if they refuse. Courts generally understand the realities of workplace hierarchies and the uneven balance of power between workers and supervisors. Employers cannot therefore easily get away with saying that the injured employee should have just refused the instruction.
For instance, if a supervisor orders a worker to repair electrical equipment without turning off the power supply and the worker gets electrocuted, liability may be imposed on the supervisor as well as the employer. The employer may be liable because the negligent instruction was done within the scope of employment and was part of the system of the workplace over which the employer had control.
One of the most common defences in workplace injury claims is that the injured worker was engaged in a “unauthorised task” at the time of the accident. Sometimes the employer says the employee was acting outside of official duties or against company policy. But this defence is not always effective. Courts often look at whether the task was associated with the worker’s job and whether it was done at the direction or encouragement of supervisory personnel.
Even though the activity was a technical violation of internal rules or procedures, the employer could still be liable if a worker did a task on the direction of a manager or supervisor. Employers cannot benefit from unsafe practices tolerated in the workplace and then disclaim responsibility after injury occurs. In practice, what actually happens in the workplace may be different than what a company’s written policies say, and courts often look at what actually happened instead of what should have happened on paper.
Evidence is crucial in personal injury claims stemming from workplace negligence. Injured workers have the burden to prove both the existence of negligence and that the negligent act caused the injury suffered. Medical reports, accident reports, witness statements, photographs, CCTV footage, safety complaints, training records and employment documents may all be vital evidence in litigation.
Unfortunately, many workers do not preserve evidence immediately following an accident. Some are discouraged from reporting incidents by supervisors or colleagues who wish to avoid disciplinary investigations or damage to the company’s reputation. Some are afraid to go to court because they might lose their jobs. Sometimes injured workers are encouraged to call serious accidents “minor incidents” or pressured to sign internal statements that minimise the circumstances of the injury.
Workers should understand that seeking compensation for injuries caused by negligence is a lawful exercise of legal rights. Personal injury claims are designed to compensate victims for losses that have resulted from unsafe conduct. Depending on the severity of the injury, the compensation may cover medical expenses, loss of earnings, rehabilitation costs, pain and suffering, permanent disability, future care expenses, and reduced earning capacity.
Unfortunately, not all claims for workplace injuries will be compensated in full. Courts may reduce damages where the injured worker contributed to the accident through careless conduct. That principle is called contributory negligence. Examples of unsafe acts are failure to wear protective equipment, deliberate violation of safety procedures, reckless use of machinery or horseplay in the workplace. But contributory negligence does not automatically bar a claim. But the court may also reduce the compensation according to the degree of fault attributable to the injured worker.
In summary, injuries on the job caused by co-workers or supervisors are some of the most common personal injury claims.
The law acknowledges that employers are accountable not just for the conditions at work but also for the conduct of employees in the course of their employment. Vicarious liability and the employer’s general duty of care If a worker is injured because a co-worker, supervisor or manager was negligent, the injured worker can recover compensation.
Simply because an accident was caused by someone else doesn’t mean that employees have no legal recourse. Employers have to ensure safe systems of work, competent supervision and prevent avoidable risks in the workplace. Where these obligations are broken and injury results, the law provides protection and compensation for the injured worker.
Fear of the legal costs deters many injured workers from pursuing valid claims. But many personal injury lawyers today work on a “No Win, No Fee” basis. So injured people can get legal help without paying legal fees up front. When someone is hurt because of a coworker, boss or employer’s carelessness, they need to talk to a well-known personal injury lawyer. The lawyer will explain their rights and if they can get money for their injuries.
This article is meant for general understanding only and not legal advice. If you believe you’ve suffered any harm or injury due to a Supervisor or a Colleagues fault, and you are concerned about the viability of your case or high cost of hiring a lawyer, you can reach out to an experienced personal injury lawyer who may be willing to offer a legal advice and handle your case on a “NO WIN, NO FEE” arrangement, which simply means you only pay if you win and get compensation.
