Why is my worker suing me?
For an injured worker to be successful in their common law claim, they must prove that the employer is legally liable for their injuries.
Usually they will argue that the employer has been negligent, or breached workplace health and safety requirements, or breached the agreement that the employer will keep the injured worker safe at work.
While an employer is not expected to have the perfect workplace,
safe from all potential dangers, the courts place a very high level
of responsibility on an employer to keep their workers safe.
While all claims are different, generally this responsibility involves:
- providing a safe system of work supported by appropriate staff training and supervision
- providing adequate plant and equipment, including appropriate protective clothing and safety equipment that is well maintained
- providing a safe place of work. An employer must provide a workplace that is safe from dangers such as slippery floors, inadequate ventilation etc.
Employers are responsible for their workers no matter where they
are working and they cannot delegate this responsibility to anyone
else, even if the worker is on loan to another company.
Employers are also responsible for the actions of their employees so if a worker is injured because of a co-worker’s actions, the employer will usually be found responsible for the worker’s injuries.
