Firm Ultimately Responsible for Staff Conduct

Dangerous working environment

The inherent dangers of working in the building trade are obvious- heavy objects being dropped on feet, debris falling from above, back injuries caused by poor lifting technique - the list goes on.

Often, it's not merely the working space that is dangerous, but also colleagues who cause danger to others through their own reckless behaviour. Failing to properly tidy or clean areas, warn co-workers of potential danger through signage and inadequate training of employees are all common causes of injury.

"Joke" misfires

An interesting case I had recently involved a client sustaining serious injuries due to his boss' reckless behaviour - but not in the way you might expect.

Back in January, a gentleman contacted me to explain that upon his first day back at work after the Christmas break, his boss greeted all the employees with a friendly, laddish bear hug and wished them a 'happy new year' in turn.

When he got round to my client, instead of a hug he administered a 'playful' kick to the groin. Intended as a joke, it caused serious damage to his testicles and he is experiencing ongoing pain in the area.

Firm is ultimately responsible

After considering the facts, I didn't hesitate to take the case on and proceeded to build a case against my client's employer. The key point here is that if a fellow employee or your employer injures you, you are well within your rights to take legal action against the firm for which you both work for.

Ultimately, it is the firm who is responsible for the conduct of staff. This is why we're taking decisive action against them and not the individual who caused the injuries.