According to the Health and Safety at Work Act of 1974, every employer has the duty to ‘ensure, so far as is reasonably practicable, the health, safety and welfare at work of all his employees.’ This includes the provision of systems of work that are safe and without risks to health, and the provision of adequate information, instruction, and supervision to ensure the welfare of employees.
If you feel that your employer has neglected their duties with regards to your health and safety, you may well be entitled to claim personal injury compensation.
How is blame established?
In order to claim personal injury compensation, you must be able to prove that you have sustained an injury through no fault of your own. This could be because the environment itself was unsafe, your training was inadequate, hazards were inadequately signposted, or perhaps because one of your fellow workers created a hazard. Your employer has a duty not just to protect all of his employees, but also to make sure that everyone is aware of the correct procedures so as not to create hazards for other workers.
It is, of course, still possible for your injuries sustained at work to be your own fault. If you have been given ample training on the correct heavy lifting procedures, for example, and you still choose to use the wrong method, any injuries sustained would be legally regarded as your own fault.
The same would be true if a dangerously hot tap was well-signaled with a warning sign, and yet you ran your hand under it. Sometimes it can be very difficult to know exactly who is to blame.
Claiming for personal injury compensation after being injured at work
If you’d like to establish whether or not employer negligence could be behind your own injury, simply call our expert advisers at Accident Advice Helpline. They’ll be able to give you their professional opinion on whether or not your employer could be to blame for your injury, and if so, how much compensation you could possibly receive.
The line is open 24 hours a day, 7 days a week, and our advisers will be happy to help whether you decide to make a claim or not. Our patron Esther Rantzen guarantees that our advisers use no heavy-handed sales techniques, and will only encourage clients to make a claim if they genuinely believe it will be successful.
Date Published: November 24, 2013
Author: David Brown