From the early 1990’s it was relatively straightforward to hold an employer liable if they had breached any of the “six-pack” Regulations which govern health and safety in the workplace. These were Regulations such as the Manual Handling Operations Regs, the Provision and Use of Work Equipment Regs, etc. These imposed a strict liability on the employer in the event that a breach of these Regulations had caused injury at work. The Enterprise Act 2016 removed the presumption of strict liability on the part of an employer (in civil cases) for breach of these Regulations, which remain in force for Health and Safety (criminal) prosecutions. However, the various Acts of Parliament (such as The Health and Safety at Work Etc. Act) and the Regulations are still good law and are used as the benchmark of standards which an employer is meant to achieve in terms of providing both a safe place and system of work.
This means that for civil claims, it is necessary to prove negligence on the part of an employer by showing that their failure to comply with the various health and safety laws amounts to a breach of the duty of care which an employer owes to their employees.
If a person is injured at work, or in connection with their employment, the starting point is to establish whether the employer had prepared a risk assessment in relation to the place and/or activity related to the injury. A risk assessment should identify the risks associated with the place/activity and determine if each risk can be avoided altogether and if not, then what steps can be taken to reduce each risk to its lowest level. If no risk assessment has been prepared, then this is usually the first sign that an employer has been negligent, because there will be no evidence that they had even identified a risk to their employees, let alone do anything about it.
If you have a query regarding a workplace accident, we are happy to talk it through with you without obligation.
In this case it is even more important that you seek advice immediately. This type of claim will usually involve an Employment Tribunal, and the time limit for such claims is quite short – 3 months in most cases. We do not deal directly in employment law, but can refer you for specialist help where necessary.
By law, your employer must also have insurance cover for incidents that they may be liable for – this is called Employer’s Liability Insurance. A certificate of this insurance must be displayed prominently in your workplace. If you have an accident it is often a good idea to find this certificate and note down the name of the insurer and the policy number. Unfortunately, there are still a number of (usually smaller) employers who break the law and do not have this cover. This can make it difficult to make a claim if your employer does not have the funds to pay compensation and the legal fees ordered against them.
Alyson France & Co – Specialist Solicitors for Personal Injury and Accident Claims. No Win No Fee. Personal Injury, Motorcycle and Bike Accident Claims.
Authorised and Regulated by the Solicitors Regulation Authority No. 287787
