Accident at Work (Employer Liability)
Despite the UK having numerous health and safety laws in place, over a million people are injured at work each year due to employer negligence. If you have suffered an injury, you may be entitled to make an accident at work claim, and our experienced injury at work solicitors in Bolton are here to support you.
Under UK legislation, employers have a legal duty of care to provide a safe working environment, appropriate safety equipment, and adequate training where required. If an employer fails in this duty, it may amount to workplace safety negligence. Employees can suffer injuries ranging from broken bones to hearing loss or long-term health conditions.
Where an employer has carelessly breached their duty of care and you have suffered injury or financial loss as a result, you may be entitled to pursue work injury compensation in Bolton.
Who can make a compensation claim for and Accident at Work?
You could be legally entitled to claim compensation if you have suffered injury or associated financial losses in the last 3 years as a result of a negligent breach of duty by your employer for which they could be liable, if the injury or loss was sustained because:
- Your system of work was unsafe
- You were given inadequate training
- The premises you were working on was unsafe causing you to slip, trip or fall
- The machinery or equipment you were working with was improperly maintained or suffered a malfunction, resulting in it being faulty and dangerous
- You were not provided with the relevant Personal Protective Equipment (PPE) to your role
- The construction site on which you were working was unsafe
- You suffered a fall from a height due to a poor working environment or an unnecessarily dangerous task
- You were at unnecessary risk of injury when carrying out a manual handling task
- There was a lack of supervision of your work
- There was a failure to conduct satisfactory risk assessments
Some of the common reasons why an employer may be liable for the injuries and/or associated financial losses that you have suffered at work are considered in this section.
Every employee has the right to be shielded from potentially hazardous or defective equipment by their employers, who are required to make sure that all equipment is regularly inspected and maintained to prevent malfunctions that could result in accidents.
If employees are hurt due to defective or hazardous equipment, negligent employers who fail to provide proper protection may be held accountable.
Depending on the equipment and the type of job being done, unsafe or defective equipment can result in a variety of injuries. Naturally, preventing all types of workplace injuries is crucial, but there needs to be more focus on making sure industrial equipment is safe because dangerous equipment has been known to result in fatalities as well as severe injuries like amputations.
In order to prevent workplace accidents, risk evaluations of all industrial equipment and its use must be conducted on a regular basis.
Employers must also ensure that workers who handle potentially hazardous equipment are properly trained to do so in order to avoid misuse, which can lead to malfunctions and make the equipment unsafe in and of itself.
Employers are required by law to ensure that workers in potentially hazardous jobs have access to Personal Protective Equipment (PPE) when needed.
If an employee sustains injuries as a result of inadequate personal protective equipment (PPE), negligent employers that fail to provide enough protection for their workers may be held accountable.
Personal protective equipment includes a wide range of products, such as the following:
- Hard hats
- Goggles
- Jackets with high visibility
- Protection for the ears
- Safety boots
- Gloves
These things can be essential for workers in a variety of occupations to prevent accidents. Employees frequently suffer severe injuries when their companies fail to supply the necessary equipment.
For instance, failing to wear a hard hat on a construction site can result in head and brain injuries; failing to wear a high visibility jacket while working on road construction can cause serious fractures; and failing to wear ear protection when using a pneumatic drill can result in hearing loss.
Employers must be aware of the dangers and potential hazards that their workers face in order to choose what personal protective equipment (PPE) to offer them in order to reduce those risks and fulfil their legal obligation to provide the greatest possible protection for their workers.
Sadly, falling from a height is a very regular way for someone to get seriously hurt at work, especially in the construction sector. This makes it even worse when businesses fail to provide protection for their workers who are at risk of falling from a height.
If an employee sustains injuries after falling from a height, negligent employers who fail to provide adequate protection for their workers may be held accountable.
Serious brain and spinal injuries, severe fractures, and irreversible organ damage can all result from falls from a height. While the required risk assessments and safety measures should be put in place where employees are working on scaffolding, on top of buildings, or up ladders in order to prevent devastating injuries, it is imperative that employers inform employees who are at risk of falling from a height of the potential hazards and risks, such as walking on weak or unstable roofs. An incident of this nature can be prevented by erecting a simple barrier across a hazardous and open region.
Any manual labour, like lugging large boxes or pouring bricks, can result in harm if the working environment is unsafe because of the employer’s carelessness.
If manual labour causes injuries, negligent employers who fail to provide enough protection for their workers may be held accountable.
Depending on the type of labour being done, manual labour can result in a variety of injuries, such as severe limb fractures, muscular injuries, or spine or back injuries. If companies take reasonable precautions to reduce the risk of injury to their employees, all of these potentially significant injuries can be avoided. Sadly, this isn’t always the case.
When the items that need to be moved are too heavy for an employee to be expected to move by hand, it is imperative that employers supply the right lifting equipment, such as forklifts. Serious injury could result if this is not done.
Employers who demand physical labour frequently do not hire individuals who are qualified to perform such activities, and this issue is made worse by the fact that many employers do not give their workers the proper training, regardless of whether they are qualified or not, placing them at serious risk of harm.
What if I don’t know who was to blame?
Employers are legally responsible for ensuring that workplaces and working procedures are safe.
If you have suffered an injury or financial loss within the last three years but are unsure whether your employer is liable, our accident injury solicitors Bolton can review the circumstances and provide clear, honest advice. We will examine workplace procedures, safety records, and available evidence to determine the best course of action.
What Am I Entitled to Claim For?
You might be eligible to make a claim for the following if you were a party to an occurrence within the last three years for which your employer might be held accountable:
Accordion Content
This includes damages for the injury component of your employers’ liability claim as well as the effect those injuries had on your previous, current, and upcoming social and domestic activities.
NHS waiting lists aren’t getting any shorter, therefore you might not be able to seek free treatment for injuries you suffered due to your employer’s carelessness in a timely manner.
This implies that in order to start and advance your recovery as quickly as possible, you might need private therapy from an expert. Although receiving specialist private care can be costly, you may be compensated for the full cost of all private treatment, ensuring that your financial stability won’t be jeopardised.
You can also include the cost of painkillers and other recovery aids in your compensation claim if you need them.
Future treatments that are necessary due to injuries sustained as a direct result of your employer’s negligence may be expensive; however, these expenses may be covered by your claim for compensation, allowing you to rely on private care for all of the treatment you need rather than being put at the bottom of a lengthy NHS waiting list.
A person may require assistance to perform duties that they once thought were straightforward if they suffer injuries that can be linked to their employer’s negligence. For instance, someone who has had spinal damage from a fall from a height would find it difficult to bathe or cook on their own.
Friends and family members of the injured person frequently volunteer their time and other responsibilities, including jobs, to care for the individual in need under these circumstances.
The expense of care may be covered by a claim for compensation for injuries brought on by an employer’s negligence, allowing friends and family to be compensated for their generosity.
People who suffer injuries as a result of their employers’ carelessness frequently find themselves unable to return to work.
Due to lost work, the injured party may lose a portion of their wages, overtime compensation, and incentives. They might even be compelled to return to work for less hours or to resign from their position entirely.
If this is true for you, your earnings loss can be computed and included in your claim for compensation.
A claim for compensation for having to give up participation in your chosen career and possibly retraining to work in an alternative occupation may be included in your claim if you were injured and unable to return to your pre-accident employment, particularly if you had spent years and money training to be a part of that profession.
A person may not be able to receive benefits from their pension, whether it be a work pension or a private pension, if their injuries prevent them from returning to their pre-accident employment.
The amount of a person’s pension loss may be included in a claim for compensation when this is a contributing factor.
A person may become unappealing to future employers if they have ongoing injuries or have taken a lengthy leave of absence to heal from an injury they suffered at work.
This could be included in a claim for compensation if it is an unfortunate consequence of injuries brought on by your employer’s negligence.
Workplace accidents can result in damage to personal belongings like clothing or cell phones.
You may be able to include the cost of replacing or repairing damaged items in your compensation claim.
Injuries and property damage may necessitate multiple trips to address these issues.
Travel expenses to and from the hospital, doctor’s office, or mechanic’s shop can be included in your compensation claim.
Will my job be at risk if I make a claim against my employer?
Workplace accidents are common, which is why businesses are legally required to have employers’ liability insurance.
You should not be discouraged from making a claim. Your accident at work claim will be handled by your employer’s insurance provider — not directly by your employer.
UK law protects employees from unfair dismissal. If you are wondering, “If I break something at work am I liable UK?”, liability depends on the circumstances. In most cases involving genuine accidents caused by unsafe systems or inadequate training, responsibility rests with the employer — not the employee.
If your employer’s negligence caused your injury, you have every legal right to pursue compensation.
Frequently Asked Questions
Making a claim can be overwhelming, so we’ve compiled a list of frequently asked questions to assist you find the answers you need.
Accordion Content
If you lose, you will not be asked to pay anything under the terms of the No Win No Fee service.
In personal injury cases an insurance policy will be taken out in order pay the other sides costs and costs incurred by us on your behalf costs if applicable. This policy will be at no cost to you as it is a self-insured and deferred policy.
The conventional rule is that court proceedings must begin within three years of the date of the accident. If you were under the age of 18 at the time of the accident, you must initiate legal proceedings within three years of your 18th birthday.
If you believe you have a valid claim, you should obtain legal advice as soon as possible to avoid missing the three-year time limit, after which you will be unable to file a claim.
Our solicitors specialise in personal injury cases and always aim to achieve the best results without delay. Cases differ depending on their specific facts and circumstances. Your solicitor will give you an estimate of how long your claim will take.
No, we will collect the majority of the information needed for pursuing your claim over the phone and via email. Our duty is to handle the paperwork, but you will be requested to ensure that all of the information recorded is correct.
In most cases, there is no need to attend court, due to the fact that a settlement is usually achieved through negotiations between your solicitor and the other side’s insurance company.
