What if a fellow employee caused the injury?
If the fellow employee was acting within what could reasonably be interpreted as the scope of their job, then your employer will still be liable for any injuries under the principle of “vicarious liability”. If the other employee was acting violently or inappropriately then the employer may argue that this was outside the scope of what could reasonably be expected and deny liability. In this case, you may have to take action against the individual employee.
Related Questions
- How does the Injury Benefit team ascertain whether an absence is caused by a pre-existing condition or an accident/incident has caused an aggravation of such a condition?
- If an employee has applied for Ill Health retirement, should the employers link this with Permanent Injury Benefits?
- What should the supervisor do if the employee refuses to complete the Employee Injury Statement Form?
