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An employee of one company is injured through the fault of another cmpny,can he directly sue those responsible?

A man is injured whilst on a private contruction site, he is employed by ABC. ABC are the main contractors and DEF are sub-contractors on the site. DEF through poor workmanship/negligence etc cause a serious injury to this man.

Can the man, employed by ABC sue DEF for breach of contract? I'm guessing no as he doesn't work for them and therefore wouldn't have a contract?

Are ABC liable for any negligence of the subcontractor DEF? they have a contract between one another stating they must take reasonable care when carrying out works but that is all.

Any thoughts appreciated, thankyou.

Update:

Thankyou for the speedy responses everyone :) would it make a difference if it was a mound of soil created by DEF that collapsed and injured the ABC employee? ie there was no fault to safety equipment, they simply piled it far too high and it was a matter of time until it collapsed.

Update 2:

Thankyou for the speedy responses everyone :) would it make a difference if it was a mound of soil created by DEF that collapsed and injured the ABC employee? ie there was no fault to safety equipment, they simply piled it far too high and it was a matter of time until it collapsed.

Update 3:

oops double posted, also yes this is relatng to the UK, more specifically; England.

Update 4:

oops double posted, also yes this is relatng to the UK, more specifically; England.

Update 5:

oops double posted, also yes this is relatng to the UK, more specifically; England.

Update 6:

oops double posted, also yes this is relatng to the UK, more specifically; England.

6 Answers

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  • ?
    Lv 7
    9 years ago
    Favorite Answer

    Hey, they can't sue for breach of contract but they can sue for negligence. Suing someone for negligence doesn't depend on you being employed by them or having a contract with them. As long as you can establish they owed you a duty of care then you can make a claim.

    Here you could argue that there was sufficient proximity that DEF owed a duty of care to the man. It would then just be a case of establishing that is was breached which caused damage, which on the facts seems to be satisfied.

    x

  • 9 years ago

    I'm no lawyer, but i'm pretty sure that if you could prove negligence on the part of either, you could sue either. it works sorta like this. basically, it's Bad for the company in court if:

    The accident involved a piece of safety equipment malfunctioning.

    Others have or have had similar accidents

    it can be proved that the company knew about a problem in said equipment but failed to fix it.

    you can prove that the negligence was solely, or almost entirely on DEF employees.

    DEF owns the site.

    If ABC owns the site, they might be liable for negligence, circumstantially.

    It's also more likely he'd win if the injury crippled him, but for the sake of this theoretical contractor, I'd hope not.

    to sum up, ABC would likely not face any repercussions in court, but if you can prove DEF as a whole company or as a branch or group, or whatever, knew their was a safety issue and failed to fix it, you can totally sue, but probably more for Negligence and such rather than breach of contract. but, if they screwed up real bad, I'd guess ABC might sue them, depending on the circumstances.

  • Mutt
    Lv 7
    9 years ago

    Assuming that the man is on site as a representative of ABC, then he would have to deal with everything through ABC, and ABC would be the ones to deal with DEF on the subject.

    You posted on Y!A UK, so I don't know the particulars of the laws in the UK. In the US, he would file for workers comp through his employer since he was there for official ABC business, and as an employee of ABC.

  • ?
    Lv 4
    4 years ago

    You adult adult males rather make me snort. it rather is why I save answering those stupid questions. analyzing them cheers me up for the day. I cant get this type of laughter from the television. How on gods eco-friendly earth are you able to achievable think of that a organization is to blame for somebody calling you a popularity or defaming you that became no longer linked to their duties interior the organization. Now in case you mean that a supervisor became asked for a reference for you and he referred to as you " a inebriated who became continuously overdue to your shift" yet you ought to tutor which you're a teetotaller and continuously arrived on the interest 10 minuets early, then you certainly in that situation might have the muse for a journey. yet once you have been having verbals with a co-worker and he or she referred to as you a thief and somebody who had the morals of an alley cat, then no the organization isn't to blame.. you're able to get this long held concept which you would be able to sue each and every time issues do no longer bypass your way and you land up wealthy, out of your head. interior the actual worldwide it basically does not take place. What you spot on television isn't what is going on in genuine existence.

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  • Dan H
    Lv 7
    9 years ago

    The injured party is eligible for workers compensation through their own company providing the injury happened while they were working and the injury is work related. Being treated by workers comp limits your legal actions.

    Otherwise, you can sue for negligence, if there was negligence involved.

  • 9 years ago

    A good lawyer will go after everyone on his behalf, no question.

    All he needs to do is find a good attorney, and they will do the rest.

    Tell him NOT to rely on his direct employer suing the subcontractor - their interests are not the same.

    He needs his own lawyer.

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