Who is liable in the case of a worker killed due to gross negligence?

If one of my employees has been tragically killed in the work place and it appears to me and to the other directors or principals that the cause was the gross negligence of a fellow employee and not the fault of management or safety systems I presume that all we have to do is inform the insurance company. Am I correct?

No you should immediately instruct a solicitor experienced in this sphere. The Forbes Business Crime team will react and offer immediate assistance. The police and officers of the Health and Safety Executive will arrive to conduct an investigation and are likely to remove the fellow employee and take him to the police station for interview and he may ask for and receive the services of an independent duty solicitor. The potential consequences for the firm or company if appropriate steps are not taken to protect the business could include the insurance company repudiating liability. The Health & Safety Executive and/or the Police may also institute criminal charges against those officers of the company who controlled the issues relating to safety systems.

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08 Nov 2013

Business Crime

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