What is your employer’s duty of care for your safety?

As an employee, you have certain responsibilities to uphold. Many of these are simple common sense requirements, but in the respect of Health and Safety, some of them are legal requirements. They are imposed to offer you as much protection as possible in the work-environment and also provide you with a framework within which to operate if you find yourself the victim of an injury caused by employer negligence. Your responsibilities, as stated by the Health and Safety, include things such as: to take reasonable care of your own health and safety, not to interfere with or misuse anything that’s been provided for your health, safety or welfare and to report any injuries, strains or illnesses you suffer as a result of doing your job.

In addition, your employer has a number of legal responsibilities to you. Again, these are designed to offer you protection in your work environment. This ‘duty of care’ should consider your health, safety and welfare whilst in the workplace. As well as carrying out a risk assessment of the workplace to highlight potential dangers and hazards, an employer should also appoint a ‘competent person’ with health and safety responsibilities.

Regardless of the size of the business, there are certain legal obligations that an employer must observe. These include factors such as:

  • ensuring that plant and machinery is safe to use
  • ensuring that safe working practices are set up and followed
  • to provide adequate first-aid facilities
  • to take precautions against the risks caused by flammable or explosive hazards, electrical equipment noise and radiation.

Amongst the others, the list also dictates that an employer must “report certain accidents, injuries, diseases and dangerous occurrences to either the Health and Safety Executive (HSE) or the local authority, depending on the type of business.”

If these, and the other regulations laid down by the HSE, are not properly observed and you suffer an injury or illness as a result, then you may have a legal right to take out a personal injury claim against your employer. This is to achieve compensation for any time you have to spend away from work and to provide you with financial recompense should your condition impact on your life and your working future. Many employees worry that taking out a claim of this sort, against their employer, could somehow prevent them from returning to work. The Law has made provision for this situation and claimants are protected by several employment laws. In addition, it should be remembered that, ultimately, it will be the employer’s insurance that pays out any compensation and not the employer himself.

In the event that you suffer an injury at work and you believe it is the result of employer negligence, your first port of call should be with a work accident solicitor. Many offer free initial consultations to determine the likelihood of a claim’s success. If they decide that you may have a claim, you will then have to provide evidence to support your claim and your employer will then be contacted to give them time to either accept or deny the claim for compensation. Your solicitor’s job is then to negotiate a settlement on your behalf, whilst you recover from your injuries.

Sustained an injury in a workplace accident? Call the Work Accident Solicitors

If your employer fails to discharge their legal duty of care and you are injured as a result, it is only right that you are compensated. Our expert accident claims solicitors have helped many clients in the past and can start helping you with your claim today.

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