An employer has an obligation to provide a safe system of work for his employees.

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Additionally, like all occupiers of premises, he will have a statutory duty to those who lawfully come there to ensure that the premises are reasonably safe and accidents are avoided. This duty extends not just to employees but to visitors including members of the public.

As an occupier he will even have some obligation to those there without permission including trespassers and people chased on to the premises. He needs to be reasonably aware of the existence of any danger of injury to such persons, that they are or may come near and that the risk of accident is one he ought to take some steps to guard against.

A firm with more than 10 employees must keep an accident book. An employer must insure against his liability for claims against him for personal injury. He cannot discriminate against an employee pursuing a valid personal injury claim against him.

The doctrine of vicarious liability provides that an employer is liable for damage caused by the negligence of an employee while acting in the course of his employment. So, in the workplace, if an employee going about his business causes personal injuries through negligence to another, whether an employee or a lawful visitor, the employer will be liable for any claim.

Similarly, outside, if an employee driving on business causes a road traffic accident through his negligence the employer will bear responsibility.

An employer will not, however, be liable for all accidents caused by his employees. Whether they represent part of the business or something for which the employee is purely liable for will depend on the circumstances. Some criminal acts, for example, may be purely down to the employee.

Expert advice may well need to be sought.