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Reading Vicarious Liability Advice

Have you been injured in the workplace ?

If you have been injured in the workplace whilst following orders given to you by your employer, you may be entitled to make a claim for compensation.  Many claims can be handled on a no win no fee basis, meaning you will not have to pay a penny if your claim is unsuccessful.  With this assurance, you have nothing to lose by contacting Reading Solicitors to find out how we can help you get the compensation that you deserve.

Vicarious liability defined…

Vicarious liability is an area of the law which states that an employer may be liable for the actions of an employee where they have expressly stated or impliedly allowed an employee to follow a particular course of action that has resulted in loss suffered by the employee and/or third parties.

Broadly speaking, there are three types of circumstances in which the principal of vicarious liability applies.  The employer can be liable for the employee’s actions where the employee has acted negligently, provided a “master-servant” relationship is found to exist.  In a business partnership, one partner can be liable for the actions of other partners.  In agency relationships, the principal (owner of goods or supplier of services) can be held liable for the actions of their agent.

Master-servant relationship…

In practice, it is not too difficult to show that a master-servant relationship exists within the context of employment. However, in the context of self-employment or agency relationships, it is much more difficult to establish a master-servant relationship.

The control test is used to determine whether the employer, principal or person who contracted to have certain work carried out is vicariously liable or not.  Under this test, the employer or principal will be liable where it can be shown that they have a say in how work is to be carried out rather than merely stating what it is to be done.  There are two other tests used: “the economic reality test” and “the integral to business test”.  Under the former, an employer or principal will liable where it can be shown that the employee, agent or contractor does not assume any economic risk or incentive by carrying out the work.  Under the latter, an employer, principal is liable if it can be shown that the employee, agent’s or contractor’s work is integral to the business.

Get in touch…

To find out more about our vicarious liability services and what we can do to help you get compensation for a workplace accident, please get in touch at your earliest convenience.