INTRODUCTION
If you are involved in an accident that was not your fault you have a right to be compensated for any resulting injury or other loss. A legal framework exists to help you to obtain compensation but you will probably need assistance to take advantage of it.BASIC LEGAL PRINCIPLES
All employers have a basic legal duty to take reasonable care for the safety of their staff. If an employee has an accident and is injured then an employer can be held responsible for that accident if it can be proved that the employer is negligent.EMPLOYERS DUTY TO TAKE REASONABLE CARE
An employer’s duty to take reasonable care can be split into four main obligations. These are to provide: -- Safe equipment and plant.
- Safe and competent work mates.
- A safe system of work.
- A safe place of work.
The above duties exist in common law and are laws that have been created and developed over the years by decisions of judges in particular Court cases. However a framework of statutory legislation and laws created by parliament also cover the above duties and provide protection to employees.
SAFE PLANT AND EQUIPMENT
Employers must provide safe equipment and plant. This means that tools, machines and equipment used by employees must be reasonably safe and adequate for the purpose for which they were intended. This also means the employers must provide safe working premises. For example, if the floor is slippery or uneven the employers can be held liable if they knew of the defect or ought to have known of it.Under the Employers Liability (Defective Equipment) Act 1969 employers will still be held liable to the employee for providing equipment that was made and manufactured in a negligent manner by another company. This avoids the potential problems of an employee trying to sue the manufacturer who may well be abroad or have gone out of business.
SAFE AND COMPETANT EMPLOYEES
Employers are directly responsible for the negligence of their staff. If one employee is negligent and injures another employee, the injured employee can sue the employee and claim compensation. Employers must take reasonable care when selecting and training their workforce. They must give proper information, instructions and training to ensure that their employees carry out their work in an environment that is safe to everybody.SAFE SYSTEM OF WORK
Employers must have safe systems of work in place. This duty forces employers to introduce safe systems of work and ensure that the systems are maintained and modified as necessary. This includes areas such as the physical layout of work, the sequence in which the work is to be done, the giving of warnings and notices, providing information and training, and establishing safe working conditions.If employers fail to ensure that a safe system is in use and an employee then has an accident as a result the employers will be held responsible and will have to pay the employee compensation.
PLACE OF WORK
An employer must provide a safe place of work. This is a general duty that often overlaps with the others. There are various laws created by parliament that provide protection in this area.HEALTH AND SAFETY INFORMATION
Employers are under a duty to report to the Health and Safety Executive any accident that involves major injury or death. These include fractures, amputations, or injuries that involve the injured person being hospitalised for more than 24 hours. Also any major incident such as explosions collapse of equipment etc must be reported.The report must be made immediately and confirmed in writing within 7 days.
PRACTICAL TIPS
If you have an accident at work try to do the following: -- Report the accident in the work Accident Book
- Take names and addresses of any witnesses
- Take photographs and make a sketch plan
- Keep any evidence from the scene
- Consult your doctor if you have suffered injuries
- Keep a note and evidence of all your losses
- Claim any Welfare Benefits that may be available
- Seek legal advice
CLAIMING AGAINST EMPLOYERS
Employees are sometimes reluctant to sue their employers. They think it could cause a lot of hassle and embarrassment and might even cost them their job. However the law requires employers to have insurance in place to pay out compensation in the event of a claim. It is not the employers who pay out accident compensation but the insurers.FREE INITIAL CLAIM ASSESSMENT
We can offer you a FREE INITIAL ASSESSMENT to see if you can make a claim. There is no obligation. Simply complete our Assessment form.WORK ACCIDENT FREE ASSESSMENT FORM
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