Every year, hundreds of thousands of workers are injured at work in the UK. Employers have a legal duty under the Health and Safety at Work Act 1974 and associated regulations to take reasonable steps to ensure the safety of their employees. When they fail to do so and a worker is injured, the employer may be liable to pay compensation.
What duty of care does your employer owe you?
Employers must carry out risk assessments and act on them, provide safe equipment and maintain it properly, ensure adequate training and supervision, provide appropriate personal protective equipment free of charge, and maintain a safe working environment. Failure in any of these areas, if it causes injury, can give rise to a compensation claim.
Common workplace injuries
Manual handling injuries — back injuries from lifting, carrying, or repetitive movements — are the most common. Slips, trips, and falls on wet or uneven floors account for a large proportion of workplace accidents. Falls from height, being struck by falling objects, injuries from machinery or tools, and exposure to harmful substances including asbestos, chemicals, and excessive noise are also frequently the subject of claims.
Can you claim if you were partly at fault?
Yes. Even if you contributed to the accident — for example by not wearing provided protective equipment — you can still claim, though your compensation may be reduced to reflect your share of responsibility. A solicitor will advise on how contributory negligence is likely to apply in your case.
What about self-employed workers?
If you are self-employed but work under the direction and control of a business, that business may owe you a duty of care similar to that owed to an employee. Agency workers and contractors on third-party sites also have rights, as the site occupier owes a duty under the Occupiers’ Liability Act. The position depends on the specifics of your working arrangements.
Will making a claim affect your job?
You cannot legally be dismissed or disadvantaged for bringing a legitimate personal injury claim against your employer. Employers are required by law to carry insurance — Employers’ Liability insurance — specifically to cover workplace injury claims. Your claim is made against the insurer, not personally against your employer.
Workplace injury claims are handled on a no win, no fee basis by most personal injury solicitors. A free consultation will confirm whether your employer breached their duty of care.