If you wish to make a South Gloucestershire, accident at work claim, you will need to use the law of tort. “Tort” means a wrongdoing in the eyes of the law. Under tort law, you can bring a claim on the principle of negligence or on the basis a breach of a statutory duty.
Your employer has a legal duty to provide you with the following:
- A safe place of work
- A safe system of work
- Safe equipment and tools
- Competent employees
If your employer failed to provide you with any of the above, and you have suffered an injury in a South Gloucestershire accident at work as a result, you can bring a claim against them based on the principle of negligence.
Breach of statutory duty
An alternative route when making a South Gloucestershire, accident at work claim is for you to show that your employer was in breach of a relevant health and safety regulation.
A claim for compensation based on the principle of a breach of a statutory duty requires you to prove the following conditions:
- The health and safety regulation you are alleging your employer breached applied to your role in the workplace
- The regulation was designed to prevent the type of injury you have sustained
- Your employer breached their legal obligation to abide by the regulation
- Your injury directly resulted from your employer’s breach
If you have evidence to prove all of the above, you will be able to claim compensation. If your employer has been prosecuted by the Health and Safety Executive (HSE), this will help your claim.
Defences against a South Gloucestershire, accident at work claim
Your employer may call upon a number of defences when fighting your accident at work claim. For example, they may allege that you failed to act with due care and attention or refused to follow health and safety procedures.
To receive the maximum possible compensation settlement from your employer, you must call our freephone helpline and discuss your case with the trained claims advisors here at Accident Advice Helpline. We will assess your case and, if necessary, assign an experienced 100% no win, no fee* personal injury solicitor to your South Gloucestershire, accident at work claim.