Work Accident Claims - A Solicitors Guide

Accidents at work are a commonplace occurrence, however did you know that you might be able to claim compensation from your employer for your injury? Employers owe workers a duty of care to provide a safe working environment and prevent risks to health. If they fail in providing this duty and you suffer a workplace injury then you may be entitled to damages.  

In many situations the employer has a strict liability towards the safety of his employees. Strict liability means that during a personal injury case the claimant does have to prove negligence on behalf of the employer, the liability is unquestionable. Examples include that it is the responsibility of an employer to make sure employees have safe tools and equipments to use; also employees should be given safety training before they use such equipment or tools. An employer can be held accountable if this is not done and as a result an employee suffers an injury.

The following are some examples of employer responsibilities, which if practised should prevent injury and harm coming to their employees and avoid the risk of work accident claims:  

- Regular checks on tools and machinery to ensure good working order;

- Staff are trained for any emergency escape plans and the plans are well advertised;

- Cleaning materials are provided and safely stored; - WC and washroom facilities provided;

- The working environment is a tolerable temperature and has good ventilation;

- Adequate first aid facilities are available and there are trained first-aiders in the workplace;

- Dangerous workplaces are sufficiently supervised;

- Exposure to damaging chemicals and materials is kept to a minimum; and

- Sufficient protective clothing is provided.

If you have an accident at work because one of the above processes are not in place, then you will more than likely be entitled to claim for damages. Most employers have Employer's Liability Insurance and any work accident claims made against them will be covered by such a policy.  

Do employers have a defence?  

Employers can argue contributory negligence. This claim is arguable when it can be demonstrated that the personal injury suffered by the employee was partially caused by their own fault. For example; if an employee suffers injury from a damaging chemical but he was not wearing the protective clothing which is provided by the employer. In this situation there would be a case for contributory negligence. If a contribution can be proved in court then the amount of damages which are given is normally reduced to reflect this.  

How do I make a claim?

Work accident claims must be brought against your employer within 3 years of the accident occurring. Although it is better to act as soon as possible, many personal injury suffers do not realise the full extent of their injury until some time after an accident. Many employees do not want to take legal action against their employer because they worry that they might lose their job. However, the law protects against discrimination of this kind.  

In order to find out if you have a substantial claim then you should seek the advice of an experienced work accident claims solicitor. Many solicitors will take cases of this kind on a conditional fee arrangement ('no win no fee') which protects you from paying legal costs if you lose your claim.


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Tim Bishop is senior partner at Bonallack & Bishop, a firm of work accident claims solicitors experienced in undertaking
no win no fee
agreements
. He is responsible for all major strategic decisions, seeing himself as a businessman who owns a law firm. Tim has expanded the firm by 1000% in 12 years and has plans for its continued development.