Copyright (c) 2011 Gary Storer
Employers have a legal obligation to safeguard the health of their staff. Even so, accidents in the workplace happen all too frequently, often causing an employee pain and suffering. This article explores the duties of an employer, and what to do if you have been the victim of personal injury at work.
Breach of Duty It is your employer's duty to ensure that you, as an employee, are protected in the workplace. This is known as a duty of care, and means an employer must provide the following:-
1. Safe premises in which to work.
An employer must maintain a safe environment for staff to work in. Amongst other things, this can include providing sufficient heating, ventilation and lighting, as well as preventing situations in which employees could slip or trip, such as removing loose cables or signalling a wet floor.
2. Safe working procedure.
Implementing a safe working procedure means that your employer must ensure the work you do is carried out in the safest way possible. This requires an employee to be sufficiently trained, as well as advised on all known dangers and how to avoid them.
3. Suitable equipment, materials and supervision.
It is your employer's responsibility not only to provide you with the correct equipment to do your job, but to provide equipment that is safe and suitable. This means it is an employer's duty to ensure the equipment is kept to a safe standard through inspection and maintenance, as well as ensuring it is used correctly through training and supervision.
4. Competent staff.
It is possible to sustain an injury at work because other employees are not competent at their jobs, either due to a lack of training, or because of social and personal issues. It is for this reason that an employer must endeavour to employ and/or train people to a competent standard so as to ensure they do not cause harm to others.
If an employer fails adhere to this duty of care and you subsequently suffer an injury, then a breach of duty has occurred and you may be able to claim compensation. This can include General Damages for the pain and suffering you have experienced, and/or Special Damages, which can cover the loss of earnings, medication costs, damaged clothing, and treatment and travel expenses.
What Should I Do If I Want To Make A Claim?
If you have suffered an injury at work, it is essential you seek early legal advice. Your personal injury lawyer will assess the details of your case and confirm whether or not they can help you. If so, ensure that your accident has been recorded in the company's accident book, or if it is an industrial injury of a more serious nature that it has been reported to the Incident Contact Centre of the Health and Safety Executive (HSE). From here your personal injury lawyer will guide you through the appropriate course of action, from gaining medical evidence to settling the claim.
Employers have a legal obligation to safeguard the health of their staff. Even so, accidents in the workplace happen all too frequently, often causing an employee pain and suffering. This article explores the duties of an employer, and what to do if you have been the victim of personal injury at work.
Breach of Duty It is your employer's duty to ensure that you, as an employee, are protected in the workplace. This is known as a duty of care, and means an employer must provide the following:-
1. Safe premises in which to work.
An employer must maintain a safe environment for staff to work in. Amongst other things, this can include providing sufficient heating, ventilation and lighting, as well as preventing situations in which employees could slip or trip, such as removing loose cables or signalling a wet floor.
2. Safe working procedure.
Implementing a safe working procedure means that your employer must ensure the work you do is carried out in the safest way possible. This requires an employee to be sufficiently trained, as well as advised on all known dangers and how to avoid them.
3. Suitable equipment, materials and supervision.
It is your employer's responsibility not only to provide you with the correct equipment to do your job, but to provide equipment that is safe and suitable. This means it is an employer's duty to ensure the equipment is kept to a safe standard through inspection and maintenance, as well as ensuring it is used correctly through training and supervision.
4. Competent staff.
It is possible to sustain an injury at work because other employees are not competent at their jobs, either due to a lack of training, or because of social and personal issues. It is for this reason that an employer must endeavour to employ and/or train people to a competent standard so as to ensure they do not cause harm to others.
If an employer fails adhere to this duty of care and you subsequently suffer an injury, then a breach of duty has occurred and you may be able to claim compensation. This can include General Damages for the pain and suffering you have experienced, and/or Special Damages, which can cover the loss of earnings, medication costs, damaged clothing, and treatment and travel expenses.
What Should I Do If I Want To Make A Claim?
If you have suffered an injury at work, it is essential you seek early legal advice. Your personal injury lawyer will assess the details of your case and confirm whether or not they can help you. If so, ensure that your accident has been recorded in the company's accident book, or if it is an industrial injury of a more serious nature that it has been reported to the Incident Contact Centre of the Health and Safety Executive (HSE). From here your personal injury lawyer will guide you through the appropriate course of action, from gaining medical evidence to settling the claim.
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