Accident At Work Claim: How to succeed in a claim for compensation by showing your employer is legally responsible for your injuries
in this article we discuss how to show employer fault so you can succeed with your accident at work claim; showing employer negligence; the health and safety laws that protect you from injury at work; extra protaction for dangerous tasks; personal protective equipment; your work contract terms for employees and the self-employed; occupiers liability for your injury from an employer and the land owner; employee carelessness contributing to your accident with access to specialist solicitor free online help.
How do you show an employer is responsible for your accident at work claim?
You will be pleased to know that as a matter of public policy the health and safety of workers is considered of great importance by the UK government, which was reinforced by European law and following Brexit continues to be of the utmost importance.
If you have an accident at work your chances of winning a compensation claim are normally quite good as there are a number of different ways your employer can be considered legally responsible, which include:
1. Employer negligence
Your employer must show that he took all precautions to ensure your safety in doing the job in which you were injured. You must be given work in a safe work environment, received proper training and been given the correct safety equipment. If your employer failed to do this he could be seen to be “negligent” and so legally responsible for your workplace injuries.
2. Health and Safety Laws
There are a several laws which are in place that reinforce the duty on employers to protect the health and safety of workers in all workplaces.
The health and safety laws are numerous – some general laws (risk assessing work tasks to ensure safety) and some more specific laws depending largely on the job you are required to do at work.
For example – there are laws that ensure employee safety when using work equipment.
Should you suffer injury at work – your employer must properly record your workplace accident, investigate the circumstances of your accident; for more serious injuries report to the Health & Safety Executive and prove a further risk assessment to eliminate any new dangers identified and so prevent further similar accidents.
See our workplace accident records article – for a detailed description of the records your employer should keep and steps that should be taken following a workplace injury. Be aware – these records are very important pieces of evidence that can be accessed by your solicitor as part of your accident at work claim.
In short, unless your employer can show that all the health and safety rules were complied with – you will have a good chance to succeed in your work injury claim.
3. Tasks that could put your health at risk
Depending on the type of task you are being asked to perform in the workplace there are often additional laws in place to provide you with added protection.
For example – if you are required to move or hold any object at work using your hands or using bodily force (in other words using your physical strength in some way) then you are doing what is known as “manual handling”.
Many accidents at work claims are caused through manual handling. A law is in place known as the Manual Handling Operations Regulations 1992 setting out your employer’s obligations where manual handling takes place. It is accompanied by a useful guide, including the amount of weight an employee can safely handle in different positions.
4. Personal protective safety equipment
Extra duties are imposed on your employer that include the need to provide PPE (personal protection equipment).
For example – imagine you had to handle dangerous chemicals in the workplace. PPE might include protective breathing equipment, chemical resistant gloves, goggles, etc. All designed to protect you from various different injuries from hazardous chemicals.
If you are not provided with the requisite PPE and as result suffer injury – you will likely succeed with your accident at work claim.
5. The employment contract – employee v self-employed
The employment contract sets out your relationship with your employer – describing if you are considered an employee or self-employed, what your contractual rights are and the duties of your employer.
Note, if you employer breaks the terms of your employment contract – there could be a contractual claim for your injury.
As a general rule – in the event of an accident an employee is owed greater protection by an employer than the self- employed.
Be aware – even though your contract may state that you are self employed (a contractor) be aware that this is not final as there are other tests that may determine you are an employee for the purpose of your accident at work claim.
6. Occupier’s liability
Your employer will invariably be an occupier of your workplace as can other businesses – such as the owner of a warehouse where you work that islet to your employer.
See our detailed occupier’s liability guide for a further explanation of who is the occupier.
For example, if water is spilled on the workplace floor causing you to slip and injure yourself – it is likely your employer will be legally responsible for leaving the floor in a dangerous state but if a window in a warehouse collapses and that warehouse is rented by your employer from a landlord – you could have a claim against your employer of the landlord as the occupier.
Watch out – sometimes an accident occurs when you are working outside of your normal workplace. Your employer can still be found legally responsible in these situations so seek advice from a personal injury solicitor.
7. Employee carelessness
Sometimes an employer has provided training and warned you of the risks of injury in the workplace, but despite this your own carelessness has lead to an injury occurring.
See our work injury employee carelessness article to see why you can still make an accident at work claim when your own carelessness has lead or contributed to your workplace injury.
Why do you need to know how to show legal responsibility for your accident at work?
Using the law to show your employer’s legal responsibility is quite involved and is best left to your personal injury solicitor, but you will find it very useful to see a brief overview of what your solicitor should take into account to determine if you have a strong case.
Accident At Work Claim Summary
In this article we have provided you with an overview of the laws used to win your accident at work compensation claim and explained why it is important that you have a basic understanding of them.
Specialist Solicitor Free Online Legal Help
See our specialist solicitor free online & telephone help options – which include asking an online question, arranging a specialist solicitor callback or having immediate assistance. You can discuss your work accident and understand the process of claiming compensation before you decide whether you wish to go ahead with your accident at work claim.