Vicarious Liability: When Employers Pay for Worker Actions
In this significant episode of P.I. Case Note, we analyse the New South Wales Court of Appeal decision in DAC Finance (NSW/QLD) v Cox [2024] NSWCA 170, which examines vicarious liability and statutory thresholds under both the Civil Liability Act 2002 (NSW) and Workers Compensation Act 1987 (NSW). The case provides essential guidance on when employers can be held responsible for injuries caused by their employees’ actions.
The court’s comprehensive analysis clarifies the interaction between workers’ compensation thresholds and common law vicarious liability claims. This decision is particularly important for understanding when injured parties can pursue damages against employers for their workers’ negligent acts, and how statutory thresholds apply in these complex multi-party scenarios. The judgment offers valuable insights into the balance between protecting employer interests and ensuring injured parties receive fair compensation.
Listen for our expert breakdown of this vicarious liability decision. If you’ve been injured due to someone’s negligent actions while they were working, you may have claims against both the individual and their employer. The team at accident legal understands these complex liability issues and can help you pursue all available avenues of compensation. Contact us for a free consultation.
