St Mirren's midfielder, John McGinn has instigated legal action over a prank carried out at the training ground. The pending action was confirmed by St Mirren chairman Stewart Gilmour, who said:
"I can confirm we have received a letter and we have responded.There's not a lot I can say about it because our lawyers are obviously involved with John's solicitors and also our insurers.It would be improper for me to make any comment on anything regarding an employee."
Magian was spiked through the thigh by a training pole which was thrown at him by captain Steven Thompson, during a training session at the Ralston complex in April. The injury resulted in McGinn missing the rest of the season.
McGinn, came through the club's youth ranks to join St Mirren and is now is now out of contract. If he leaves, the Paisley club would be due about £270,000 in compensation.
However, can McGinn expect a payout for the accident? And is so how much is it worth?
Making a claim for an accident at work
Where you are employed by an organisation, your employer has certain obligations toward you. One of the most important obligations employers have is to ensure employees are working in a safe environment. Where an employer acts negligently or recklessly in ensuring their obligations towards employees, the employee make seek redress under the law.
Employers are not only responsible for their own failings, but also those of other employees. Where an accident occurs because of the actions of a colleague, the employer may also be held responsible - this is called 'vicarious liability'. Vicarious liability applies in most cases even in situations such as the above where an employee is injured as a result of a prank by another employee.
Where an employer fails to uphold their obligations towards employees in taking reasonable care for their safety, and an injury occurs as a result, then the employee has two options:
By failing to take reasonable of the employee, the employer will be in breach of implied term of the employment contract. This gives the employee the right to stop working and make a claim against the employer for damages.
Where the employee has suffered physical or mental harm, because of the employer's failure to take reasonable care for health and safety, the employee may bring a claim a personal injury claim the employer.
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