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One of my employees has sustained an injury at work as the result of horseplay. Where do we stand on this issue?
I am an employer. One of my employees has sustained an injury as a result of horseplay and he is now seeking compensation. I am not sure that we have failed in our duty of care. The persons involved are constantly larking around and this is obviously by product of their actions. Where do we stand on this issue?
An employer has a duty of care to all of his employees and can be held liable for harm that befalls his employees. An employer's responsibilities to his employees include to provide competent co-workers, and to provide a safe place of work. An employee injured by the incompetence of one of his co-workers may have a cause of action against either that co-worker in his own right, the employer, in his own right, for failing to provide competent co-workers and the employer, vicariously, for the co-worker's negligence.
In such situations where an employee is injured by a fellow worker's horseplay, employers are not expected to be all seeing; and will not be liable if such horseplay is not reasonably foreseeable. If, though, the employer was aware of the employee's dangerous pranks then they have a duty to protect their other employees from his behaviour. If the employee is not acting in the course of business when the accident occurred the employee may still have a claim against his employer in his own capacity. The employer's duty is, in general, non-delegable.
However if these employees are constantly ‘larking around’, have been told to stop, but continue, there may well be a contributory element on the part of the injured party.
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