Employer’s Liability Overview Employers owe duties to take care for the health, safety and welfare of their employees. When a workplace accident occurs, it will often be attributed to the breach by the employer of his common law and / or statutory duties, in which case the employee must be compensated for the loss and damage that arises. In recent […]
Employer’s Liability The ordinary principles of negligence apply to workplace injuries and occupational diseases. The employer’s duty to take care is not usually an absolute duty. It is a duty to take reasonable care. Issues may also arise in relation to whether an employee’s injuries could not have been reasonably foreseeable. There are some instances of absolute duties arising where […]
Standard Required in Negligence The duty applies as between the particular employer and the particular employee. What the duty requires will depend on the circumstances. The nature and extent of the duty may vary with the employee’s age, knowledge and experience. Higher standards of care are required of employers, where the employee has less experience, is disabled or has particular […]
Employers’ Liability Employers owe extensive duties to their employees in relation to their health, safety and welfare. See the articles on health, safety and welfare at work and civil liability for workplace injuries. Where a workplace accident causing injury takes place, there is a high probability that the employer will be legally liable to compensate the employee. An employer has […]
Overview of Occupational Diseases Occupational diseases are conditions, diseases and personal injuries that typically develop slowly from exposure, typically although not necessarily prolonged exposure, to a particular work environment. Some occupational diseases develop gradually from prolonged exposure. Other occupational diseases may manifest themselves, only many years after exposure. There are a number of common features of occupational diseases. They may […]
Civil Liability for Stress An employer must take care, not only for its employees’ physical health but must also protect them against mental injury and factors which would cause it, such as stress, harassment and bullying in employment. An employer is potentially liable in damages for its failure to take care to protect its employees against mental injury, as well […]
Cases on Stress I A number of cases have been successfully taken in the UK and Ireland, for the consequences of stress. The leading UK case involved a nervous breakdown brought on by overwork. The employer had failed to take steps to reduce the workload or provide the appropriate support. The claimant managed a number of teams of social service […]
HSA Code on Bullying I The Health and Safety Authority Code of Practice on the prevention and resolution of bullying at work provides guidance for employers in identifying and preventing bullying at work, in the context of their duties under Health Safety and Welfare at Work legislation. The Code provides guidance on how to manage and conduct work activities so […]
Statutory Duties I Employees have duties at common law to take care in the workplace for their own health, safety and welfare and that of their fellow employees. The health, safety and welfare at work legislation also imposes obligations on employees. The legislation provides that the employees have a duty to take reasonable care for their own safety and for […]
Negligence and Statutory Duty Where there has been a workplace accident, the employer may be liable to compensate the employee on the basis of negligence and / or breach of a specific statutory duty. Both are often claimed together or in the alternative. It is likely that the more specific health safety and welfare at work obligations may be the […]