accident at work claim

Accident at Work Claim: How to Show An Employer is Legally Responsible for Your Injuries

In this article we discuss how to show legal 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 protection for dangerous tasks; personal protective equipment; your work contract terms for employees and the self-employed; occupiers liability (both an employer and landowner) for your injury ; employee carelessness contributing to your accident with access to specialist solicitor free online help.

Table of Contents

Does the law protect workers safety in the UK?

Yes – you will be pleased to know that as a matter of public policy the health and safety of workers is considered of great importance in the UK.

Later this was reinforced by European law and following Brexit continues to be of the utmost importance.

Work Injury Claims In General Have A Good Chance Of Success

Your employer owes many duties to employees and other workers to keep them safe.

Therefore, if you suffer injury at work – you should speak with a solicitor immediately to assess your claim.

The relative strength of each potential claim will always turn on its own facts. However, generally speaking work injury claims have a good chance of success.

Ways to show employer fault for your accident at work claim?

It is useful to appreciate the factors your solicitor should take into account to determine if you have a valid accident at work claim.

However – using the law to show your employer’s legal responsibility is quite involved and should be left to your work injury solicitor.

There are a number of different ways your employer can be considered legally responsible for an accident at work, which include:

Safety precautions your employer must take

Your employer must show that all precautions were taken to ensure your safety in doing the job in which you were injured.

Safe work environment, training and safety equipment

Amongst other things, you should be provided with: a safe work environment, proper training and correct safety equipment.

Employer negligence and breach of statutory duty

If your employer failed to do this he could be seen to be “negligent” and/or in breach of statutory duty.

In other words – your employer could be considered legally responsible for your workplace injuries.

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.

General and specific safety laws

The health and safety laws are numerous. The include – 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.

Record and investigate your accident

Should you suffer injury at work – your employer must properly record your workplace accident, investigate the circumstances of your accident.

Report to the HSE and risk assess

For more serious injuries – your employer report to the Health & Safety Executive using a RIDDOR report.

In addition, a further risk assessment should be made to eliminate any new dangers identified. Therefore- help prevent any workers having any further similar accidents.

Records your employer should keep

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.

Accident Book Entries Are Important

Workplace accident records are very important pieces of evidence that can not only be accessed by your solicitor as part of your accident at work claim, but also be relied on in court as evidence in support of your claim.

Compliance with the Health and Safety rules

In short, if your solicitor can show that your injury was as a result of a breach and safety rules by your employer – you will have a good chance to succeed in your work injury claim.

Tasks that could put your health at risk

Added protection for certain work tasks

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.

Manual handling

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.

Therefore, 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, for example – the amount of weight an employee can safely handle in different positions.

manual handling work injury claim
Manual Handling Work Injury Claim

Personal protective safety equipment

Extra duties are imposed on your employer that include the need to provide PPE (personal protection equipment).

Handling dangerous chemicals

For example – imagine you had to handle dangerous chemicals in the workplace. Yow ill need specific PPE designed to protect you from various different injuries from hazardous chemicals.

For example – PPE might include:

  1. Protective breathing equipment.
  2. Chemical resistant gloves.
  3. Eye protection goggles, etc.

Failure to provide PPE causing injury

If you are not provided with the requisite PPE and as result suffer injury – you will likely succeed with your accident at work claim.

The employment contract

The employment contract sets out your relationship with your employer.

Employed or self-employed,

The employment contract describes: if you are considered an employee or self-employed individual.

Contractual rights and employer duties

It also sets out what your contractual rights are and the duties of your employer.

Contractual claim for breach of contract

If you employer breaks the terms of your employment contract – you might have a contractual claim for your injury

Greater protection for employees

As a general rule – in the event of an accident: an employee is owed greater protection than the self-employed.

Self-employed can be considered as employees

However – even though your contract may state that you are self-employed (a contractor) – this is not final. There are other tests that may establish you are considered an employee for the purpose of your accident at work claim.

Occupier’s liability

See our detailed occupier’s liability guide for a further explanation of who is the occupier. However, consider the following:

Employer as occupier

Your employer will generally be considered an occupier of your workplace as can other businesses.

Premises owner as occupier

Other businesses or individuals might include the owner of premises where you work.

For example – a warehouse where you work that is let to your employer by the premises owner.

Example of Occupier’s Liability in a Work Accident

Imagine there was a water spillage on the workplace floor causing you to slip and injure yourself.

It is likely your employer will be legally responsible for not only leaving the floor in a dangerous state, but also have the responsibility for another employee causing the spillage (see vicarious liability).

Whereas, if a window in a warehouse collapses causing your injury and that warehouse is rented by your employer from a landlord – you could have a claim against your employer or the landlord as the occupier.

Working outside of the normal workplace

Sometimes an accident occurs when you are working outside of your normal workplace. Your employer can still be found legally responsible in these situations.

Speak To A Specialist Solicitor To Assess Your Claim

We recommend – you speak with a work injury solicitor to know whether you have an accident at work claim.

This is especially important if you have an injury outside of the normal workplace.

You may be surprised to find what obligations your employer owes you outseide the workplace.

Your own carelessness

Your employer may have provided training and warned you of the risks of injury in the workplace. However, despite your own carelessness leading to or contributing to your injury – you may still have a claim..

Carelessness causing or contributing to injury

See our work injury employee carelessness article to see when you can still make an accident at work claim.

SUMMARY Proving Liability for Work Accident Claims

In summary – 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.

See our specialist solicitor free online & telephone help options.

You can not only ask a question, but also arrange a specialist solicitor callback or have your claim assessed.

You can discuss your work accident with a solicitor to better understand the process of claiming compensation before you decide whether you wish to go ahead with your accident at work claim.

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