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Is an Employer Responsible for an Employee’s Injury?
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Employers have a responsibility to keep their employees safe whilst at work. This can include ensuring a safe working environment, providing relevant training and providing personal protective equipment.
Despite the guidelines that employers have to follow, many accidents at work still occur, causing a range of injuries to employees.
In answer to the question, is an employer responsible for an employees injury?, the answer will vary widely depending on the specific circumstances in which the accident happened. If it can be proved that a worker suffered an accident through no fault of their own, or through negligent work conditions, then they may be able to make a claim for personal injury compensation.
If you would like to discuss your accident at work claim or have more queries surrounding if an employer is responsible for an employees injury, then please do not hesitate to get in touch with our team of workplace injury solicitors today.
Employer responsibility
Employers are legally obligated to provide a safe working environment for their staff. An employer’s duty of care is outlined in laws and guidelines such as the Health and Safety at Work Act 1974. Some of the responsibilities and actions employers are expected to take include:
- Conduct Risk Assessments: Regularly assess the workplace for potential hazards, including physical, chemical, and psychological risks.
- Implement Safety Measures: Take proactive steps to mitigate identified risks, such as providing PPE, installing safety equipment, or offering training programs.
- Maintain Accident Records: Keep a detailed record of all workplace injuries using an accident book. This documentation can be crucial for future claims or investigations.
- Report Incidents to the HSE: Comply with RIDDOR regulations by reporting accidents and serious injuries, occupational diseases, and dangerous occurrences to the Health and Safety Executive.
Common types of workplace accidents
Workplace accidents can occur in various industries and take many forms. Some of the most common types of workplace accidents include:
- Slips, Trips, and Falls
- Manual Handling Accidents
- Falls from Height
- Being Hit by Falling Objects
- Machinery Accidents
- Exposure to Hazardous Substances
- Vehicle-Related Accidents
- Repetitive Strain Injuries (RSI)
- Electrical Accidents
- Fires and Explosions
Is an employer responsible for an employees injury?
In the UK, employers have a legal duty of care under the Health and Safety at Work etc. Act 1974 to ensure the safety, health, and welfare of their employees while at work. This responsibility is often referred to as employer liability. Situations where an employer is likely liable for an injury include:
Unsafe Work Environment: If the workplace or equipment is unsafe and the employer did not take reasonable steps to address the hazard, they could be liable.
Lack of Training or Supervision: Employers must provide adequate training and supervision to employees. Injuries resulting from inadequate training may lead to employer liability.
Failure to Provide Personal Protective Equipment (PPE): If an employee is injured due to not having appropriate PPE, and the employer failed to supply or enforce its use, the employer could be responsible.
Manual Handling Risks: Employers must minimise risks associated with lifting or carrying heavy items. Failing to provide proper handling techniques or equipment could make them liable for injuries.
Inadequate Risk Assessments: Employers are required to conduct risk assessments and act on identified hazards. If they neglect this duty, they could be responsible for resulting injuries.
An employer might not be liable if the injury resulted solely from the employee’s own negligence or if the injury was due to unpredictable or unreasonable actions outside the scope of normal work duties.
Employers can sometimes be held responsible for the actions of other employees if those actions cause injury within the course of employment.
What are the time limits to making an accident at work claim?
The typical time limit to making a personal injury claim is three years from the date of the accident, or from the date you became aware that your injury was linked to the accident. The three year time limit it known as the ‘limitation period’ and is set out in the Limitation Act 1980.
However, it is important to note that there are some exceptions to the general three year rule. These exceptions include if the injured party was under the age of 18 at the time of the accident. If so, they have three years from their 18th birthday to make a claim, or alternatively, a family member can make a claim on their behalf at any point up until they turn 18.
Additionally, if the injured party has reduced mental capacity, the time limit only begins if and when they regain capacity. Otherwise they can make a claim at any point.
Can you lose your job if you make a compensation claim against your employer?
If you have been injured at work and wish to make a no win, no fee compensation claim against your employer, then you need not be worried about losing your job as a result. Employers have a legal requirement to possess employer’s liability insurance, which provides cover for incidents such as accidents in the workplace.
Your employer cannot legally fire or penalise you for making a claim against them. If you believe you’ve been unfairly treated or dismissed due to making a claim, you may have grounds for a separate legal claim against your employer.
Why choose Beacon Law?
Beacon Law are specialist personal injury lawyers with a wealth of experience in dealing with a range of compensation claims. We can provide you with specialist legal advice on making a claim and guide you through the claims process, whilst negotiating the best settlement for your accident and injuries. We are passionate about our commitment to high-quality customer service.
We offer our services on a no win, no fee basis, which means you only have to pay our fees if we win your case for you. To find out more about making a personal injury compensation claim on a no-win, no fee basis, have a look at the funding section on our website.
If you require more information regarding the question, is an employer responsible for an employees injury?, then please contact us to talk to a member of our legal team. Please call us today on 0330 1332 857 or complete our online enquiry form and one of our experts will call you back.
Beacon Law is authorised and regulated by the Solicitors Regulation Authority.
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Last Updated on December 10, 2024 by Stacey