If you are considering filing a personal injury claim for your West Devon accident at work, you should expect your employer to defend against your claim. Often, the defences to accident at work claims can be difficult to overcome, and you will only be able to collect the compensation you deserve by enlisting the help of an experienced lawyer.
Common defences against West Devon accident at work claims
- Defence #1: Denied knowledge of risk
Proving that your employer knew, or should have known, about the dangers in their workplace can be difficult, particularly if you do not have evidence to show that your employer directly contributed to the cause of your West Devon accident at work.
You will be able to receive compensation if you can prove that your employer:
- Knew, or should have known, that their workplace was dangerous
- Was responsible for the dangers – either because they caused them themselves or failed to remedy them within a reasonable time frame
- Had reasonable time to remove or minimise the dangers
An experienced lawyer will be able to request copies of the documents that will assist you with your claim. These may include accident book entries, risk assessments and reports created by the Health and Safety Executive.
- Defence #2: Voluntary acceptance of risk
Your employer will be responsible for any injuries that occur as a result of dangers that they knew about, or should have known about. However, in some cases, you may share liability. Under the legal doctrine of assumption of risk, your employer may argue that:
- The danger to your health was so obvious that the you knew, or ought to have known, that it existed
- You voluntarily accepted the risk to your health
The defence of an assumption of risk can be challenging to handle, so you must consult with a lawyer before responding to any claims that your own careless actions caused, or contributed to, your accident.
Overcoming West Devon accident at work claim defences
Whether you have fallen from a height or slipped on a wet floor, you will need a lawyer to protect you against the possibility of walking away with an unjust compensation settlement. At Accident Advice Helpline, we can put you in touch with some of the best personal injury lawyers in West Devon. To gain access to justice on a 100% no win, no fee basis, simply contact us via our 24/7 freephone helpline or 30-second test and we will match you up with one of our experts.
Date Published: 14th November 2014
Author: Jan Newell