In the UK, as in many places around the world, your employer has a duty to keep you safe while you are at work. This includes keeping the environment safe, giving you the proper training so you can safety carry out your duties, giving you the proper safety equipment and making sure it is well-maintained, and making sure that your colleagues also know how to do their jobs so as not to cause hazards for others. If he or she fails to do this, it may be considered negligence.
How employer negligence is established
For negligence to be established under UK law, three conditions must be met. Firstly, the person who caused the injury must be established to have a duty of care to the victim. This is the case with all employers, but wouldn’t be the case if, for example, a stranger was to wander onto your private premises and then injure themselves there.
Secondly, it must be proven that the person who caused the injury has neglected their duty of care. If, for example, your employer has already provided you with the correct training and you then choose to ignore it, your employer has not neglected his or her duty of care. Thirdly, it must be proven that the injury is a direct result of this neglect.
If it can be proven that your employer has been negligent and your injury is a direct result of this, then you may be entitled to claim personal injury compensation. This is a legal provision which exists to give financial aid to those who may well face hardship as a result of injuries which were not their fault.
What to do if you think your employer has been negligent
If you think your employer’s negligence has contributed to your injury, it’s best to consult an expert for more advice before confronting them about it. Call Accident Advice Helpline to speak to one of our advisers who will be able to establish whether or not your claim is likely to be valid, and what evidence you may need to support it. You may need to gather witness statements, photographs, medical records, and other evidence.
If you decide to go ahead with your claim, it will most likely be done entirely over the telephone on a no win, no fee* basis. Claimants will only have to attend court personally in rare cases. For a quick guide to your eligibility, consult our 30-second online claim calculator.
Date Published: November 25, 2013
Author: David Brown
Category: Accident at work claim