Rank: Forum user
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Apologies if this question has been asked previously but my trawl of the archive didn't reveal any suitable topics.
I am wondering (hypothetically), what the likely outcome would be if a safety professional suffered a personal injury during the course of their employment, and brought a claim for negligence against their employer. I appreciate that an employer owes the same duty of care to all employees but I'm not sure whether as a safety professional, their training, knowledge and experience would be taken into account.
Your thoughts and/or experiences would be most welcome.
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Rank: Super forum user
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Very, very briefly, I don't see that it is likely to take a different course from any other claim. I suggest that all claims would take a persons "...training, knowledge and experience...into account.".
Be interesting to see what others think!
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Rank: Super forum user
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I would agree, it shouldn't be treated any differently. It would ultimately depend on the circumstances of the accident and any negligence from the injured person.
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Rank: Forum user
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I agree it should not be treated differently but surely if it was proven that the injury occured due to poor saftey management or poor systems of work that could have a big impact on the outcome and may make it worase for the safety professional.
Interesting thought though Andrew
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Rank: Forum user
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Interesting question and I think kdrum hit the nail on the head (so to speak) - if the injury was theresult of negiligence by the safety professional e.g. deficiencies with hazard identification and control, any claim could be counter-productive..........and certainly wouldnt do their career any good.
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Rank: Super forum user
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The original post didn't suggest negligence by the safety professional. Of course the management of health and safety in any organisation isn't (or shouldn't be) the sole responsibility of the safety professional (unless I have got it completely wrong!)
Any alleged negligence, will again be dealt with in the normal way, possibly a denial of liability or more likely seek a reduction in damages due to 'contrib'.
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Rank: Forum user
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Andrew
Phil Rose is almost right - the civil area of the law is simple
Did that person owe you a duty of care - case precedent says that if you are an employee - yes
Was there an injury or loss - if you were hurt during an accident at work - yes
Were the company negligent (a tort) - dont know the case but a solicitor will advise - i would suggest that you already know if they were at fault or not.
Can they offer up contributory negligence - only if you have violated some kind of rule or taken it upon yourself to do something out of character with your employment - if you are a safety professional this is doubtful
In my experience even if there is contributory negligence of the highest order the highest contrib i have seen in 16 years is 45% (and the solicitors thought that was a "result", so this should not put you off.
Therefore to answer your question you have the same rights as everyone else to claim, and they cannot use contributory negligence for your knowledge or job unless you have done something that violates any rules you have been part of putting in.
For example if you have put in a housekeeping policy and slipped on a pallet left out by another person the company would be looking at 100% liability due to being held vicariously liable for the actions of the person who left out the pallet - if it is a pallet you have left out yourself you would start to have difficulty, you have left the pallet out in breach of a policy written by you , knowing what concequences may befall you.
I am not sure but this may be the definition of volenti non fit injura - but i am on my fourth glass of wine and trying to answer from memory
Hope this helps
Martin
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Rank: Forum user
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Thanks all for your comments, especially Martin who's advice was very succinct (even after four glasses of wine - I'm not sure I'd be able to type!).
This was a genuine hypothetical question and is one I had pondered for some time. However, as they say "forewarned is forearmed".
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