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SUpervisor sued following accident - truth or myth
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Posted By Martin Taylor
During a training session today I heard a story about a recent case where a supervisor has been sued (succesfully) for compensation following an accident, the claimant sueing on the principle of lack of training.
Is this truth or myth?
Martin
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Posted By Tarquin Farquor
I've not heard of this one.
It is of course technically possible but would be unusual as when pursuing a civil claim for compensation it is better to go for the company rather than their agent as the company insurance will cover the payout, where as an individual would not have the means or collateral and would probably end up paying £1 a week.
If you do find out more regarding this I would be interested to know.
Regards,
TF
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Posted By Phil Grace
Martin,
I agree with Tarquin... first rule of seeking compensation is to go for the deep pocket. Sue the the employer since they have primary responsibility for safety of employees. AND if accident was fault of supervisor then the employer is liable via principle of vicarious liability - this makes employer responsible since they hired/appointed supervisor, were responsible for their training, competence etc.
I'd regard this as an urban myth
Phil
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Posted By Alan Hoskins
Martin,
Certainly supervisors have been successfully prosecuted, but I have never heard of anyone successfully sueing for compensation.
There's a recent case where a foreman was fined £5k with £1k costs. That was to do with a lack of training.
Was your trainer confusing terms perhaps?
Alan
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Posted By DRB
Alan may have a point. You can't sue for "lack of training", negligence or breach of statutory duty yes but lack of training no!
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Posted By jackw.
Hi, why would anyone sue a supervisor with limited resources to pay out. The company are likelyto be vicariously liable and would have much more resources = larger pay out for compensation. seems to me a load of tosh.
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Posted By Martin Taylor
thanks everybody - my question was 'why'? but the trainer was fairly confident is had happened - the fact than none of the forum have come across it suggests it is a myth
thanks all
Martin
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Posted By Bob Youel
A company may be the accepted route to go as they usually have the £ to pay out but they also have the £ to defend themselves!
I do not know of a successful case yet against an individual but I do not rule it out as more and more individuals have some £ in their houses etc but little to defend themselves
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SUpervisor sued following accident - truth or myth
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