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    "If you've been injured through no fault of your own you could be entitled to compensation. If you're unsure if you could claim, I recommend you call Accident Advice Helpline."

    Esther Rantzen

    Your safety: employers obligations

    If you’ve incurred an injury at work, then the chances are you could be eligible for compensation, especially if the injury arose as a result of negligence on the part of your employers.  One of the tricky things about this is deciding exactly what your employers obligations are – where is the line between employer negligence and personal responsibility?  To clarify the situation the following information details the things that your employee is expected to take care of.

    In general terms, it is the responsibility of all employers to ensure that their workers and others in the area are protected from absolutely anything that cause harm.  As such, it is their responsibility to minimise and control anything that could risk the health of anyone who is present in the workplace.

    Due to this obligation, it is now a necessity for employers to assess any risks within the workplace.  Risk assessment is a legal requirement, and should take place regularly – even more so where a particular workplace, such as a building site, could be considered a more naturally dangerous one.  Any firm that does not carry out risk assessments is not meeting their professional obligations, and could well be held accountable should any injury occur on their premises.

    The second main obligation that modern employers have is to provide their employees with all the necessary information on the potential risks within their workplace, so that whilst working employees are fully aware of any potential dangers, and are fully capable of carrying out their role without bringing any risk upon themselves as long as the necessary working practices have been followed.  These should all have been talked through by the relevant safety representative, and provided with company literature that details the risks.  Again, any company that doesn’t provide this information is not meeting their obligations, and would be held accountable should an accident occur on their premises.

    It is a legal duty for every company to display the approved health and safety poster within their workplace in a prominent position, as well as providing each worker with a copy of the approved leaflet, Health and Safety Law: What you need to know, which outlines the British law regarding health and safety in the workplace.  This law is set under the Health and Safety Information for Employer Regulations (HSIER) and is something that the company you work for should take very seriously.  If this isn’t the case where you work, then the company could again be held responsible for any accidents that occur on their premises.

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    Finally, it is important to bear in mind that if workers believe their employer is exposing them to potential risks, or is not meeting its obligations towards health and safety, then they are well within their rights to make a formal complaint to the employer.  If no further action is taken as a result of the complaint, an employee can then make a formal complaint to the Health and Safety Executive (HSE), who will be able to explore the matter further.

    Date Published: September 27, 2013

    Author: David Brown

    Accident Advice Helpline (or AAH) is a trading style of Slater Gordon Solutions Legal Limited. Slater Gordon Solutions Legal Limited is a company registered in England and Wales with registration number 07931918, VAT 142 8192 16, registered office Dempster Building, Atlantic Way, Brunswick Business Park, Liverpool, L3 4UU and is an approved Alternative Business Structure authorised and regulated by the Solicitors Regulation Authority. Authorised and regulated by the Financial Conduct Authority.

    Disclaimer: This website contains content contributed by third parties, therefore any opinions, comments or other information expressed on this site that do not relate to the business of AAHDL or its associated companies should be understood as neither being held or endorsed by this business.

    No-Win No-Fee: *Subject to insurance costs. Fee payable if case not pursued at client's request.