Accidents at Work

When somebody is injured at work, the consequences can affect their ability to carry on working and it can affect their family life. People can feel stressed and frustrated while they are waiting for an outcome, and can also suffer financially whilst waiting for their claim to be resolved. At Mary Monson Solicitors, we have acted in many cases of accidents at work, and have helped secure large payments for our clients.

We understand how difficult this time can be, so we have provided a complete introductory guide on how the law works in this area. For information on how claims work in personal injury, see our guide to the claims process.

Who is liable for my accident?

It probably comes as no surprise to know that if you have been unfortunate enough to be injured in an accident at work you may be able to make a claim for compensation. But many people do not know that that they may be able to make a claim for compensation even if their accident was caused by the negligence of a fellow employee.

Who pays my compensation?

Sometimes a person who has been injured at work will be unsure about making a claim because of what colleagues or their manager might say. It is important to remember that it is nearly always the employer's insurance company who will pay for the claim, and not the employer directly. All employers have to have liability insurance for this reason. It is also unlawful for employers to cause any problems for employees who have made accident at work claims against them.

Please rest assured that we as personal injury solicitors have a duty to be confidential with you. We promise that nothing you discuss with us will be relayed to your employer. You may wish to contact one of our specialist solicitors for a general chat about your claim and then you can make an informed decision as to whether you wish to make a claim against your employer.

Can I make a claim?

Time limits for making an accident at work claim

There are time limits within for making a personal injury claim. Generally speaking, after an accident at work you would be expected to instruct your personal injury solicitors and start your claim within three years of the date of the accident. (See our section on time limits).

Does your employer owe you a duty of care?

All employers have a general duty to take care of their employee's health and safety. The duty your employer owes you will depend amongst other things on your age, experience and of course the nature of the job. Your personal injury lawyer will be able to advise you on this.

To bring a successful claim, your compensation solicitor will have to show the duty of care that your employer owed you.

The duty of care owed by employers means that employers should provide:

• Competent Staff
• Employers have a duty to provide you with competent fellow workmates. You may therefore have claim against your employer if your accident / injury has been caused through the inexperience or incompetence of a colleague,
• Adequate Plant and Machinery - The Right Tools for the Job

'Plant' quite simply means anything used to do your job. Therefore this could relate to a piece of heavy industrial machinery, a tool or even an office chair. You employer has a duty to consider whether the tools or equipment they provide you to do your job are fit for the purpose for which they were intended. For example, a Stanley knife is not the right device to use for a cutting sheet of plastic. The question should be asked whether your employer should have considered other options to implement them to prevent the accident and subsequent injury claim.

• A Safe System of Working

This relates to way in which your job is carried out. For example, if you are working on a production line, does your job involve you swinging round and repetitively bending down? Your employer should be able to show that that they have considered the method and sequence of work and whether this is suitable bearing in mind employees health and safety. This is of course relevant to RSI - repetitive strain injury.

• Safe Place of Work

This duty extends beyond the employers place of business to premises occupied by a third party where you are working temporarily.

As well as the place you work in being generally safe, there are also separate Health and Safety laws for employers to maintain health and safety in the workplace. Some of these duties which might affect your claim if you have an accident at work are explained below:

Management and Health and Safety at Work Regulations 1999

This regulation makes a requirement on employers to do risk assessments on the health and safety of staff in the workplace. This regulation is sometimes described as "the framework directive". This is the basic principle of considering the risk to employees. It is also the basis of many of the following regulations described below.

• If your employer has five or more employees in the workplace they also have a duty to keep records of the risk assessments carried out.
• If you are a young employee, (under the age of eighteen) the standard of care which your employer owes to you is far higher than that owed to your senior fellow workers.
• Your employer's duty is not limited to assessing the risk. Once a risk has been identified they are bound to consider the means by which the risk can be eliminated or minimised.

Health and Safety (Display Screen Equipment) Regulations 1992 (as amended)

This regulation requires employers to consider the need for employees to take regular breaks when using visual display screens, such as computers, and make sure that staff understand how they can reduce the risks posed in using their screens.

Manual Handling Operations Regulations 1992 (as amended)

The regulations say that manual handling should be avoided if possible, or if not possible, requires that steps are taken to minimise the risk of injury to the lowest possible level. So this might include use of fork lift trucks to prevent heavy lifting, or trolleys to prevent having to drag heavy objects.

Construction (Health, Safety and Welfare) Regulations 1996

This law relates to the construction industry. It says that employers must provide safe access for their employees to the place of work and also preventative measures to prevent the risk of falling and other accidents.

Control of Substances Hazardous to Health Regulations 2002

Employers in certain industries have a duty to provide risk assessments for employees' exposure to hazardous substances. This could include decorators who could inhale paint fumes, people who work areas where they could inhale dust etc. Employers must consider whether exposure to these substances can be avoided completely and what preventive measures can be put in place.

Protective Equipment at Work Regulations 1992 (as amended)

There is a duty on employers to provide suitable personal protective equipment to their employees. Employers must when deciding whether a particular piece of equipment is "suitable" consider the task for which the equipment is being used.
The duty on employers is not limited to simply providing this protective equipment but also to ensure that it is usable and safe, and that employees are trained to understand how and why the protection is used to prevent accident or injury.

Provision and Use of Work Equipment Regulations 1998 (as amended)

Work equipment encompasses a number of things in the workplace from industrial machinery to an office chair. An employer is under a duty to ensure that the work equipment they supply is suitable of the task for which it is designed. It must also be well maintained and staff must have the right training to use it.

Workplace (Health, Safety and Welfare) Regulations 1992

This regulation relates to the way in which the overall workplace impacts upon employees and cover things such as lighting and temperature.

Work at Height Regulations 2005

This affects employees who work at heights, for example on scaffolding. Each employer has to carry out a risk assessment to ensure that work is not carried out at height where it is possible to carry out the work safely without being at height.
If this is not possible the regulations require employers to take steps to try to prevent any person falling a distance which could cause personal injury. This might include minimising the distance from which an employee could potentially fall, or the use of safety harnesses.

Was your employer in breach of their duty?

All employers have a general duty to do what is reasonable to look after the Health and Safety of employees to prevent them having accidents at work.

In considering whether your employer has done what the law requires, your personal injury solicitor will consider whether your employer should have been aware of the potential risk of accident and injury which was posed to you. The question may also be asked what the costs of removing the risk would be. If the risk of an accident was very small and your employer can show that risk was outweighed by the high costs, they may not be liable for a compensation claim.

The duties laid down by the law and explained in the bullet points above are not the same as the general standard of care that all employers have. There are varying standards, some of which are stricter than others. For example, if it can be shown that your employer has not complied with their requirement under one regulation to provide safety goggles, then they are in breach of their duty to you under that regulation.

Other statues are judged on the basis of what is practicable. That means that an employer may not be liable for an accident claim if he can show that he or she had considered the risk of injury before an accident happened but had reasonably decided that the risk was so minimal that the actions required to minimise the risk was outweighed by the costs.

Was your injury caused as a result of that breach of duty - i.e. was the breach of duty to blame for the injury?

If you are injured, your lawyers have to show the link between the accident and your injury. The accident doesn't have to be the only cause of the injury. In fact, many employees find they pre-existing injuries can be triggered or made worse by an accident at work.

Sometimes an employer will accept that they are in breach of their duty but will not accept that his or her actions caused your injury. This is a reason that it is important to take legal advice from a personal injury specialist as soon as possible if you have an accident.

The Importance of Medical Treatment

To make a successful claim against your employer, it is useful to be able to show that you sought medical attention following your injury. If medication/treatment is required, we would recommend that you retain receipts as not only will they help support to the fact that your injury was caused or made worse by your accident at work but you may also be able to reclaim your expenses if your claim is successful.

Strategy in Cases Involving Accidents at Work

Personal Injury Lawyers should be aware that with accidents at work, the lawyer should be proactive in the investigation. Accident logs need to be requested from the employer. The records of training of the client and other staff could be important. Records of the maintenance of equipment and the working area could also be important.

Where a specific type of machine has caused an injury, a personal injury lawyer should be aware of how that machine works, and advice should be obtained from an expert in the industry if it is needed. The manufacturer's safety guidelines could also be relevant. There is no substitute for good investigation where anything might be in doubt at court. The basics work, and the basics involve putting the time in to get beyond the basic facts to try to understand how an accident happened.

If you wish to speak to one of our specialist personal injury solicitors, please contact us on freephone 0808 155 4870. We have offices in London, Manchester & Birmingham and operate nationally.