What’s the Law Behind Professional Negligence at the Workplace?

Professional negligence at the workplace occurs when a professional, usually someone in a position of power or with specific expertise, fails to perform their duties to the expected standard. This can result in the affected party being impacted with financial losses, physical/mental damage or some form of injury. When a breach of duty occurs, professional negligence solicitors can be contacted and a claim can be started.

This guide will advise you on the law surrounding professional negligence at the workplace and how you can spot it so that you can get the compensation you deserve. Continue reading to find out more.

Key Elements of a Professional Negligence Claim

Duty of Care

You need to establish that a duty of care was owed to you by a professional before starting a claim. There must have been a professional relationship that existed where the person was expected to exercise reasonable skill, care and competence during their time working with you.

Breach of Duty

The professional needs to have failed to meet the standard of care expected of a reasonably competent professional in their specific field. This is often assessed using the Bolam test to give the fairest ruling on what level the breach of duty needs to be at for a claim to be successful.

Causation

The breach directly needs to have caused the harm or loss necessary for a professional negligence claim to be successful. The “but for” test is used but for the professional’s negligence, the loss would not have occurred. This part can be the most difficult to prove, but with the right team around you like those at Been Let Down, this shouldn’t be an issue.

Damages

You need to show that you suffered from measurable financial loss or physical damage for you to be liable to make a claim for negligence in the workplace. Substandard work that causes no loss is generally not actionable, so it wouldn’t be worth getting solicitors involved.

Workplace Examples of Professional Negligence

Professional negligence can happen in many forms within the workplace, so it’s important to be aware of these to see if you have legitimately been affected. Some examples include:

• Financial Accountants: Incorrect tax advice, poor investment recommendations or failing to identify fraud can be classed as accountant negligence.

• Lawyers: Missing court deadlines, providing negligent advice or errors in conveyancing can lead to claims against solicitors.

• Surveyors: Negligent designs, failing to identify structural defects or providing incorrect valuations are all liable for claims.

• Other Experts: IT providers causing data loss or personal trainers failing to check for previous injuries are breaches of duty that can cause loss.

It’s likely that your professional negligence claim stems from one of these, but if not, you need to contact solicitors who will be able to give you guidance on whether your situation will fit the bill of being a liable negligence case.

Final Thoughts

Before you start a claim, make sure that you have a clear understanding of the laws so that you don’t waste your own time and money. While some solicitors work with a no win, no fee policy, it could still be a huge waste of time starting a claim if you don’t have any viable evidence that a duty of breach or loss occurred.