Had an Accident at Work? : Law – Personal injury
Around half of all reported accidents happen in the workplace. Some will be very trivial. However other individuals may cause more serious personal injury, often via no fault of the unlucky personnel concerned. In such instances the injured individual may have a potential claim against their employer with regard to personal injury. However many are afraid to try this course of action, with research from the Association of Personal injury Lawyers showing one in four would feel embarrassed should they state for an accident at work. A lot of also fear repercussions associated with taking such a course of action pertaining to fear of aggravating their company and jeopardising their livelihood (this really is despite the fact employers are under an obligation not to discriminate in such circumstances, even so the reality is many fear they may). However this worry must be alleviated to a large degree by the knowledge that all businesses that employ more than 10 people must have Employer’s Liability Insurance and so any compensatory award will usually not, at least directly, leave the businesses pockets.
So if you have experienced an injury at work, has it been because your employer provides breached the duty they owe a person? They are under a duty to provide a safe working environment for you personally. Failure to do so leading to your injury makes the possibility of a successfully claim likely. These security obligations are essentially separated into four main headings:
A secure way for you to carry out your work -Whilst thinking about the type of job, materials, equipment, as well as tasks which you use and perform your employer need to try and ensure that work could be conducted in the safest way you can. This will often be decided on a situational basis but industry specifications are often used as a standard for determining this. When the job does involve natural dangers than the employee needs to be advised and properly trained in terms of avoiding them, for example if your job involves a lot of lifting then the correct techniques should be used and maintained.
Suitable materials and also equipment – Your employer must provide you with safe as well as suitable equipment and provide coaching and supervision where required in how to use, inspect and look after it, for example where reducing equipment is used in a manufacturing plant.
Safe premises in which to work — Your employer must ensure spots where you work are, generally speaking, safe for their staff. Evident examples of a breach would include trip hazards. Less clear obligations include the lighting, heating system and ventilation of their office space.
Competent staff – Your boss, to the best of his ability, must ensure that others in your working environment are qualified in their jobs. Consequentially if one more employee is negligent within causing your injury, and your boss should’ve been aware of this/taken steps to stop it then they may be liable.
Evidently even though you feel you may have a successful declare for an
accident at work there will be issues about taking your company to court over the matter. Before proceeding therefore, in an attempt to stay away from any possible unnecessary anxiety, it would be a good idea to obtain the guidance of a specialist solicitor who will be in a good position to judge your odds of making a successful claim.
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