If you ever find yourself injured in an accident as a consequence of someone’s negligence, leaving you distressed and at harm either from a physical or psychological injury, it is only justifiable to ensure that you are well compensated as a result of this injury for your pain suffering, and loss of amenity.
With this in mind then, it is important to understand that it is not possible to seek compensation directly from an individual who caused the accident as, from a financial perspective, they would certainly struggle to compensate you properly. Therefore the preferable route would be to seek damages against their employer as chances are they will posses adequate insurance for you to claim from.
Having said this, in order for a case of vicarious liability to be successfully brought a distinction must be made between what qualifies an individual to being under a ‘contract of employment’ and under a ‘contract for services’.
Individuals under a contract of employment by their respective employers are under the scope of vicarious liability, and if found to be acting negligently the employers insurance should cover the claim. On the other hand ‘contract for services’ covers independent contractors who may be employed by organisations and companies. If you are injured by such a person, you could find it difficult to claim from your own employer under the vicarious liability rule.
It can all be a little confusing, so the best thing you can do is get in touch with an injury lawyer to find out whether you have a valid claim for compensation, and who would be best to claim against.
Make no mistake though, if an individual who through their own negligence, and in the course of their employment has caused you harm, you are well within your rights to claim against their employer for compensation, such as for physical or psychological injuries, and also anything from loss of earnings travel expenses, medical expenses, or any other substantial out of pocket expenses caused by your injury.
Employers are under a legal obligation to not only provide safe working conditions for their employees, but also adequate training to ensure accidents to the public and their own employees are minimal. With this in mind then, it is only fair that failure to co-operate with these legal obligations should result in consequences for those responsible, and it is our job to ensure that this justice is accomplished. Although we hope that you are never so unfortunate as to suffer an injury of this nature, rest assured that we will do everything in our power to ensure that you are properly compensated, leaving you the time and effort to focus on the most important thing; your wellbeing and rehabilitation.
