Employee Making Claims Against Employers
Legally speaking all employers have a duty of care to their employees. This means that they must do all that they feasibly can to reduce the risk of employees being injured as a result of situations within the work environment.
It may be a simply case of ensuring that staff members are provided with the necessary training to do their jobs safely, knowing how to operate machinery or how to spot a hazard and act accordingly.
It may be that a particular task is inherently dangerous; however, this does not mean that precautions cannot be taken. Training may not be sufficient, but by offering personal protection equipment to minimise injuries should an accident occur, then an employer is discharging their duty of care. In such a way they are also reducing the chance that an East Sussex ‘no win, no fee*’ claim for compensation is likely to be made against them.
Another way to avoid the chance of East Sussex ‘no win, no fee*’ claims being made is to conduct Risk Assessments.
A Risk Assessment is conducted to identify potential risks to employees, and members of the public where appropriate. The issues highlighted should then be put into action and appropriate steps taken.
After an employee has been ill, or taken time off work, it is important to conduct a Risk Assessment to ascertain whether there are at an increased risk of injury in their current position.
Accident Advice Helpline recently helped one client after they suffered a serious injury at work. Following a back injury which was caused outside of work a client took five months off their job. When they returned they were not provided with a Risk Assessment. As a result, the limits for what this employee should lift at work was not assessed. When asked to lift a 25 kilo bag of sugar our client was seriously injured, and his back injury exacerbated.
Following this injury the Accident Advice Helpline was contacted to provide assistance with making an East Sussex ‘no win, no fee*’ claim.
East Sussex ‘no win, no fee*’ claim
Our solicitors were able to provide evidence that a Risk Assessment was not completed, and as per the duty of care, one should have been. This failure put our client at risk of an injury, and as a result the employer was regarded as being liable.
To find out how much compensation your East Sussex ‘no win, no fee*’ claim could be worth take our 30 second test today.
Date Published: 17th October 2014
Author: David Brown