Workplace Duty of Care

All employers have a duty of care towards their staff. But what exactly does this mean, and how should it be put into practice? This article explores these questions in greater detail, and looks at what action you can take if this duty is breached.

What Is A Duty Of Care?

An employer is responsible for providing reasonable care for the health and safety of employees. This is known as a ‘duty of care’ and means all employers (no matter what the size of the business) must take measures to provide the following:-

A Safe Workplace
Employers must ensure the premises in which their staff work are safe. This should begin with a risk assessment, a useful tool for identifying any potential risks to an employee’s welfare. Steps must then be taken to guarantee all health and safety regulations are adhered to, from providing adequate lighting and ventilation to removing any hazardous elements.

A Safe System of Work
An employer must guarantee a safe system of work is enforced. This involves instructing staff on safe working practice, as well as providing the correct level of training as and when it is needed. If appropriate, a system of supervision should also be implemented.

Adequate Materials
Employees should be supplied with the materials needed to carry out their job. This may include equipment such as tools and machinery, or other materials such as clothes or protective garments. Not only should these items be suitable for the job in question, but they must also be maintained to a safe standard.

A Competent Body of Staff
An employer must also ensure a competent body of staff is employed. This is because someone who does not have the right skills and training can pose a considerable risk to other employees. Furthermore, an employer needs to be aware if a member of staff has any personal, social or healthcare problems, as this can also increase the chance of an accident occurring.

A Breach Of Duty

Should an employer fail to take reasonable steps to protect the health and safety of their employees and there is an accident, then it can be said there has been a breach of duty of care. In such an event, it may be possible for an employee to take legal action.

What Can You Do?

If you have suffered a workplace accident that occurred as a result of your employer’s negligence, you need to seek legal advice as soon as possible. A solicitor will be able to assess the details of your case and suggest whether or not you could make a claim. If you do indeed decide to pursue a claim and it is successful, you will be awarded compensation – both for the pain and suffering you have experienced, and for any financial losses you have incurred.

Call today for advice on claiming compensation

If your employer fails to discharge their legal duty of care and you become injured as a result in an avoidable workplace accident, you could claim compensation.

Call the Work Accident Solicitors for advice – dial 0808 901 9069, or

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