If you are injured due to the actions or omissions of a fellow worker then it is likely that you will have a very strong case.
This is because an employer has a duty to provide you with competent fellow workers - which means that they have to be properly trained, instructed, supervised and (if necessary) disciplined.
"Vicarious" liability
An employer is also "vicariously" (secondarily) liable for the negligence of his employees whilst they are acting in the course of their employment.
So even if the fellow worker had been properly trained, etc., if he or she causes injury to someone else when acting in the course of their employment, the employer (who has insurance) will be liable.
Horseplay, frolics and illegal conduct
The employer can escape liability if the employee is acting outside the course of employment - e.g. engaging in horseplay or illegal conduct - but not if the employee has a history of doing so which the employer has done nothing about.
In addition, the courts have recently broadened the scope of vicarious liability to situations where the act in question, whilst unauthorised or even illegal, is closely connected with the employment. So for example, the employer was liable when a warden at a residential school sexually assaulted children in his care (Lister v. Hesley Hall [2001]).
Harassment and bullying
Similarly it has been held that an employer is vicariously liable (under the Protection from Harassment Act 1997) for a course of conduct amounting to harassment carried out by his employees (Majrowski v. Guy's & St Thomas's NHS Trust [2006]).
No win no fee - and 100% damages
We can offer you a no win no fee agreement for such cases so you needn't worry about funding. Also, as well as getting the benefit of our vast experience of handling such cases, we also guarantee that you will receive 100% of the damages we recover for you.
To learn more about the representation we offer, contact us online or ring 0333 355 9221 to arrange your initial consultation.
