Accidents at work occur in every profession, across every sector. Sadly, mishaps due to human error do occur, and sometimes cannot be avoided. That being said, there are times when workplace injury and illness is sustained at the fault of a third party. With this in mind, it is necessary to ask, is work liable for your injury?
When is work liable for your injury?
Is work liable for your injury? This really depends on the nature of your accident at work. All workplace incidents are unique, and so it is important to uncover the foundations of a personal injury case to understand where liability may lie.
Generally speaking, you can assume work liable for your injury if you have been involved in an accident that was caused by your employer’s negligence.
While you are at work, your employer has a legal obligation to ensure your health and safety while you undertake your day-to-day duties. In the case that your employer fails to meet this duty of care, they can be held liable for any harm and distress you have endured.
What is employer duty of care?
Employers must ensure your health and safety, but how do they do this? There are numerous methods for protecting employees from suffering work-related injuries and illnesses.
Thorough inductions and training should be given to all employees, before they are expected to undertake any role or task.
In addition, employers should see that the workplace is well maintained and fit for use. This include the maintenance and repair of work tools and equipment too.
Employees are also entitled to take breaks during their working day. An employer must do all within their power to ensure these rests from duty are taken sufficiently.
While this is not an extensive list of how duty of care can be implemented, it serves as an example of how employers should actively consider the needs and safety of their workers.
When measures have not been put in to place, when duty of care has not been met, you can assume work liable for your occupational injury.
Accident Advice Helpline
For more information, and to receive a free initial consultation to determine both your eligibility to claim and where liability may lie, speak with one of our friendly advisors today via freephone number 0800 689 0500, or 0333 500 0993 from mobiles.
Date Published: August 1, 2016
Author: Accident Advice