Despite the word “supervisor,” your supervisor may not always be watching, or supervising, you. For example, construction workers often carry out many tasks independently with little need for someone to be glued to their side every minute of work. So, if you sustain an injury on the job, what exactly might “failure to supervise” mean?
It can mean many things, but generally, it means that your supervisor owed you a duty of care and then breached it. It also means your supervisor had the authority to effect things such as certain safety protocols but did not. In the absence of such authority, it may be wiser to seek remedies from another party.
Examples of a failure to supervise
In general, supervisors are failing in their duties if they do not adequately train personnel and if they fail to exercise good judgment and good hiring practices when hiring employees. Supervisors must keep work sites safe and warn visitors and workers of any issues. They must also be sober at work and communicate well with others, especially about safety concerns. Issues in any one of these areas could mean a failure to supervise.
Going one step further
Simply showing that your supervisor was negligent is insufficient. You must also show a connection between this negligence and your accident/injury.
Identifying authority
Of course, many construction projects have different levels of supervision and authority. In fact, many of these projects can be like a puzzle with pieces that do not always quite fit. So, it is essential to identify the correct party or parties to seek compensation from as early as possible. That said, if it was just your supervisor who seems responsible for a failure to supervise, it can be within your scope to seek remedies from the company as well. After all, businesses do have a responsibility for training their supervisors and ensuring they do their jobs adequately.
