We spend a great deal of our lives at work. Accordingly every year more than 5.1 million* accidents occur in the workplace leading to injury and consequently days lost from work unpaid. (*Source RoSPA)

Few of those injured people seek compensation for accidents in the work place as they do not want to upset the relationship with their employer or at worst, fear that they may lose their their job as a result.

These fears are unfounded.

No one goes to work to get injured and there is a very onerous obligation upon employers to ensure that accidents do not occur.

Employers are required to assess the risks that may arise in the workplace and to take steps to deal with them, to train you and your colleagues to carry out work competently and to provide tools of the trade which are safe by ensuring their suitability and that they are maintaned in good order.

If your employer fails in any of these requirements and someone is injured as a result then they would be entitled to make a claim.

In those circumstances, employers are required to take out compulsory Employer’s Liability insurance so once your employer has been initially notified of a claim, the matter usually then passes to that insurer to deal with on its behalf.

What if the accident was partly my fault?

The initial obligation to ensure your safety still rests with your employer. In the event that you are found to have played a part in your own accident then a percentage reduction to your compensation may be applied to reflect this. This is known as contributory negligence.

Employer’s Responsibility

There are many statutory regulations which protect your safety in the workplace and if your employer fails to comply with its duties and you are injured, then you may be entitled to compensation for your injuries and losses.

• Assessment of Risk
  Management of Health & Safety at Work Regulations
  Obligation to assess the risks you face at work. The seriousness of the risk against the frequency of that risk, then take steps to deal with it accordingly.

• The workplace environment
  Workplace (Health, Safety & Welfare) Regulations 1992
  A widely encompassing piece of legistlation covering the working environment regarding the standards of walkways and traffic routes, doors, lifts, ventilation, workspace, falling articles.

• ‘Tools of the trade’ and equipment used at work
  Provision and Use of Work Equipment Regulations
  Work equipment can extend to most items found in the workplace and there is an absolute duty upon the employer to ensure that the equipment is suitable for use and properly maintained. Examples in recent cases have included defective wheel nuts on a car,door closer mechanisms and ladders

• Lifting and moving, loads and repetition
  Manual Handling Operations Regulations
  Improper lifting is one of the most likely causes of injury in the workplace. These regulations also provide for repetive movements which, whilst may not involve particularly heavy loads, when done hundreds of times per day may result in injury. Your employer has a duty to train its employees in proper lifting techniques, to warn against heavy loads and to reduce the need for lifting to be carried out, to the lowest possible level.

• Protective clothing and equipment – a last resort
  Personal Protective Equipment Regulations
  Your safety is paramount in the workplace and there is an obligation on your employer to protect you against injury. The provision of protective equipment or clothing is a requirement of last resort but where necessary your employer is equally under a duty to ensure that the equipment has been assessed as suitable for the task needed to be performed.

• Falling for your work
  Work at Height Regulations
  As with lifting, falls from height form a large proportion of accidents in the workplace and by definition, result in serious injuries. Again your employer has an active duty to guard against this.

Evidence to support your claim

You should ensure that the accident book is completed fully and accurately. Also when attending for medical treatment at hospital or your GP, ensure that a full history of how the accident occurred is given.

These records will later be obtained by Jackson & Canter in pursuing your claim. With accidents at work, the majority of documents which relate to the accident will be in your employers possession and must be disclosed by it.

How much is my claim worth?

Click here for our guide into what you can claim for.

Funding of your claim

Click here for an explaination of ‘No Win, No Fee’

How is my claim pursued?

Click here for our guide into making a claim.

Contact Us

Please contact Stuart Capstick or Richard Airey on 0151 282 1700 to discuss making a ‘No Win, No Fee’ claim.