Suppose you are injured in an accident at work because of a colleague’s carelessness. In that case, you can still bring a claim for compensation against your employer. for your injuries and other losses such as loss of earnings.
The reason for this is because of a legal rule, or doctrine, called ‘vicarious liability, which means that an employer can be held responsible for one of their employees’ negligent action (or lack of action).
Example: if you are knocked down in the factory where you work, by a forklift truck which is being driven by another of the company’s employees, and was caused by the driver failing to keep a proper lookout, you can bring an accident claim against your employer, in the reasonable expectation that, subject to the strength of your evidence, your claim would be successful.
This claim would be based on the doctrine of vicarious liability, with the employer being liable for the injury and loss caused to you as a result of the negligence of your co-worker.