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jay brogan  
#1 Posted : 04 May 2012 11:47:08(UTC)
Rank: Forum user
jay brogan

Hello, Just a query if anyone can help please do.. If a company has just one director - and they where to injure themselves at work due to H&S not being as it should am I right in assuming they could not take legal action against the company even though the company has it's own legal identity. I am assuming this as in their statement they would be naming themselves as having overall responsibility and they could not bring action against themselves. Am I right? Many thanks in advance
David Bannister  
#2 Posted : 04 May 2012 11:53:47(UTC)
Rank: Super forum user
David Bannister

I am no expert in company law but so far as I understand, the Ltd Company is a separate entity from its directors. Thus a director could sue the Ltd Company for negligence. In practice, if the Company has only 1 director/shareholder it's a waste of money and time as it's effectively the same pocket. If there are no other employees there will not be any EL insurance in place. Furthermore, the issue of contributory negligence would be highly significant.
RayRapp  
#3 Posted : 04 May 2012 14:27:12(UTC)
Rank: Super forum user
RayRapp

A strange question...but I think David's comments are fair and right. Furthermore, redress for a personal injury there must be some fault attributable to company otherwise a claim would not stand up in court. The conundrum is that the claimant be insured against the injury, otherwise who is going to pay out for the claim?
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