Our company has a security chain that is placed across the driveway to keep out people parking in our company at night. Procedure was the last one out puts up the chain. I normally leave at 5pm but worked back till 6pm.
In the evening light, the security chain was not visible as it is not marked nor highlighted. Employer said they will cover my medical, etc., as workers compensation (broken nose, etc) but the repairs to the motorbike would need to be a "shared" responsibility as it had been there for a few years.
I believe this is incorrect and they should be liable as it had no reflective tape or other visible signs on it to alert that the chain was up.
Am I correct they are 100% liable ?
In the evening light, the security chain was not visible as it is not marked nor highlighted. Employer said they will cover my medical, etc., as workers compensation (broken nose, etc) but the repairs to the motorbike would need to be a "shared" responsibility as it had been there for a few years.
I believe this is incorrect and they should be liable as it had no reflective tape or other visible signs on it to alert that the chain was up.
Am I correct they are 100% liable ?