How employers can be liable for industrial disease
Employers are often regarded as being liable for their employees’ industrial diseases, but why?
The answer to that question lies in the circumstances surround the working environment, the knowledge that the employer had of any potential risks and of course the disease itself.
All employers are required by law to perform risk assessments of both the working environment, specific tasks to be performed and workers themselves. If an employer employs more than five people then it is essential that such risk assessments are properly documented and recorded (although it is of course advisable to do this even if it is not strictly necessary).
Risk assessments are designed to highlight any potential dangers that could befall employees, or members of the public. These are then designed to offer employers the opportunity to put procedures in place, or take necessary action to ensure that, should the worst happen, then injuries will be minimised. If no steps are taken and an injury occurs, then the injured party could have the right to make an accident claim in Shepway against the employer.
If a risk assessment is conducted and a threat highlighted then an employer is likely to be regarded as having prior knowledge of it. This means that if someone is later injured as a result of the threat and the employer did nothing about it, then the employer is likely to be regarded as liable. Therefore, any accident claim in Shepway made against them is likely to result in compensation being awarded to the injured party. This can relate to general accidents that may take place in the work environment, or industrial diseases and conditions that may develop at a later date.
For example, if an employer performs a risk assessment and becomes aware that a particular job or tasks means that an employee performing that task is going to be exposed to significant amounts of dust then they should take appropriate steps to stop this. Either a new process should be found which minimises the amount of dust produced, or the employee must be protected from the dust. One of the easiest ways to achieve this is to provide all employees in that area with personal protection equipment, often in the form of face masks.
If the employer does not do this and an employee contracts an industrial disease such as asthma as a result of exposure to the dust, then an accident claim in Shepway could be made.
Making an accident claim in Shepway
In order to make an accident claim in Shepway you have to be able to demonstrate that you have the eligibility to do so. The easiest way to find out if you can make a claim is to take Accident Advice Helpline’s 30 second test. Your accident claim in Shepway solicitor will then gather the necessary evidence to prove your case.
Date Published: 22nd September 2014
Author: David Brown