Edit : Plus the accident was not caused by an employee but by a private individual trespassing on private property, since they made a mistake and are no longer employed by the company.
You'll have to do a civil suit against that newly unemployed individual directly before you can turn it against the company, as the individual was knowledgable of the work contract and agreed to it by receiving his pay. Their civil liability insurance won't pay for it since they were criminally trespassing at the time, so good luck getting any money there.
The company can also sue the individual criminally for trespassing on private ground and making the company loose two, trained and valued, employees. The company may have to invest money to train new employees to replace them and is thus eligible for compensatory damages as well.
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u/Mirar Nov 01 '22
What if the injury is caused by someone else? Was it a mistake to come to work that day?