Reluctant to sue your employer? Worried that it might cause trouble, or even cost you your job?
Our Leeds-based firm of personal injury lawyers are here to assist you with trusted legal advice.
Your employer is required by law to have insurance that covers pay outs for negligence cases. It is therefore the insurers and not your employer who will incur costs if you win compensation.
Gathering important supporting information following an accident at work
If you have just had a workplace accident, it is important that you:
- Always report the accident in the accident book at work.
- Take the names and addresses of any witnesses to the accident or its immediate aftermath.
- Take photographs and make a sketch plan of where it happened.
- Keep any evidence from the scene.
- Consult your doctor immediately if you have suffered injuries.
- Keep notes and evidence of all your financial losses.
- Claim any welfare benefits that may be available.
Employer’s duty of care
An employer’s duty to take reasonable care can be split into four main obligations. These are to provide:
- Safe equipment and machinery.
- Safe and competent work mates.
- A safe system of work.
- A safe place of work.
However, a framework of statutory legislation and laws created by Parliament also cover the above duties and provides protection to employees.
Health and safety
Safe equipment and machinery
Employers must provide safe equipment and machinery. This means that tools, machines and equipment used by employees must be reasonably safe and adequate for the purpose for which they are intended. This also means the employer must provide safe working premises. For example, if the floor is slippery or uneven, the employer can be held liable if they knew of the defect or ought to have been aware of it.
Employers have a duty to take precautions where necessary to avoid electrical failure. A regular system of maintenance and inspection is obligatory and all businesses should conduct regular PAT testing to ensure employee or public safety is maximised.
Safe and competent work colleagues
Employers are directly responsible for the negligence of their employees. If one employee is negligent and injures another worker, the injured person can sue the employer and claim compensation. Employers must take reasonable care when selecting and training their workforce. They must give proper information, instructions and training to ensure that their employees carry out their work in an environment that is safe for everybody.
A safe system of work
Employers must have safe systems of work in place. This duty forces employers to introduce safe systems of work and to ensure that the systems are maintained and modified as necessary. This includes the physical layout of work, the sequence in which the work is to be done, the giving of warnings and notices, providing information and training, and establishing safe working conditions.
If employers fail to ensure that a safe system is in use and an employee then has an accident as a result, the employers will be held responsible and will have to pay the employee compensation.
A safe place of work
An employer must provide a safe place of work. This is a general duty that often overlaps with the others.
We have an experienced team of solicitors to help you decide if you have a case, in what is a specialised area of law.
Health and safety executive
Employers are under a duty to report any accident to the Health and Safety Executive that involves a serious injury or death. These injuries include fractures, amputations, or injuries that involve the injured person being hospitalised for more than 24 hours. Also any major incident such as explosions or collapse of equipment must be reported. The report must be made immediately and confirmed in writing within seven days.
Practical tips following an accident at work
- Report the accident in the accident book at work
- Take names and addresses of any witnesses to the accident or immediate aftermath
- Take photographs and make a sketch plan
- Keep any evidence from the scene
- Consult your doctor immediately if you have suffered injuries
- Keep a note and evidence of all your financial losses
- Claim any welfare benefits that may be available
- Seek legal advice
If you need legal advice following an accident at work call Amanda on 0113 320 5000 or email @email
Winston Solicitors are a Leeds-based firm of personal injury lawyers who are here to assist you with trusted legal advice. We have been helping our clients claim compensation since 2002.