The average person in the UK spends a third of their life at work. It is therefore no surprise that with potentially 90,000 hours spent in the workplace, many people are injured at some point during the course of their employment.
Employers have a responsibility to take care of their employees and must adhere to rigorous Health and Safety precautions, however, that does not necessarily mean that all accidents or injuries sustained at work are on the shoulders of the employer.
Our expert Personal Injury Lawyers at Lamb Brooks explain some of the situations that may, or may not, result in a compensation claim against an employer.
When Your Employer is at Fault
Scenarios where your employer may have been negligent or to blame for your injury could include:
- Failing to adequately risk assess
- Failure to provide reasonable training
- Failure to provide protective or safety equipment
- Insufficient safety measures in place
- Lack of clear signage or warnings in danger zones
- Faulty equipment or machinery
- Failure to remedy or secure dangerous maintenance issues
- Trips or slips due to hazards
- Insufficient staffing levels
Your employer also has a duty to handle your accident or injury in the right way, in accordance with the latest Employment Law. This includes recording the incident and following protocol at the time and afterwards.
When The Lines Are Blurred
There are a few situations where it can be unclear whether or not the employer has liability. These scenarios would need to be considered individually, and there would be many factors to investigate in order to establish the liable party.
- The accident was caused by a colleague, customer or visitor
- The incident was caused by the employee being ill, tired, distracted or inebriated
- The incident was caused by the employees’ human error or own negligence
Usually, a court would look to establish whether the employee or employer took reasonable care in their actions. In any event, it is worth speaking to a personal injury lawyer for them to ask key questions to help assess if there is a claim to be made.
Should I Claim Against My Employer or Not?
Many employees who are injured at work suffer a head or heart dilemma when it comes to whether or not they should pursue a claim.
The answer to this question will likely depend on the extent of your injury, how it has affected your wellbeing and if it has impacted on your earnings or ability to work in the future. Some people may feel guilty making a claim against their employer, however it is worth remembering that companies have employer’s liability insurance in place to cover them in such events.
Employees can feel like their future at the business will be compromised if they were to make a claim. An employer has no right to pressure an employee not to make a claim, either directly or indirectly. Whilst a claim could be settled out of court, this should be negotiated legally and officially with your lawyer to ensure that you receive the right level of compensation and not discussed in the workplace, off the record.
Speak To An Injury Lawyer Today
For more information or to find out if you have a workplace injury claim, please get in touch with our friendly and hard-working Personal Injury team.
Claims are dealt with on a ‘no win, no fee’ basis with the intention to secure the maximum settlement for the client.
Call our office on 01256 844888, email enquiries@lambbrooks.com or speak to our online chat assistant who is available via our website at any time of day.
The contents of this article are for the purposes of general awareness only. They do not purport to constitute legal or professional advice. The law may have changed since this article was published. Readers should not act on the basis of the information included and should take appropriate professional advice upon their own particular circumstances.