Workplace injuries can have a significant impact, not just physically and emotionally on the injured individual, but also legally and financially for employers. Understanding where liability lies is key for both employees seeking justice, and businesses aiming to meet their responsibilities.
What Does Employer Liability Mean in a Workplace Injury Claim?
In the simplest terms, liability refers to legal responsibility. In a workplace context, this often means an employer may be held accountable if an employee suffers an injury due to unsafe working conditions, lack of proper training, or failure to provide adequate protective equipment.
Employers have a duty of care under the Health and Safety at Work Act 1974 to ensure, as far as reasonably practicable, the safety and welfare of their employees. This duty covers everything from maintaining safe premises and machinery, to implementing proper health and safety procedures.
When is an Employer Liable for a Workplace Accident or Injury?
An employer could be liable for a workplace injury if:
- – There was a failure to follow safety regulations
- – Proper risk assessments weren’t carried out
- – Faulty equipment was used
- – Training and supervision were inadequate
- – Colleagues acted negligently in the course of their duties
Even if an accident was caused by another employee, the employer can still be held “vicariously liable” if the act occurred during the course of employment.
If you are an employer concerned about your responsibilities for workplace conditions and would like to discuss this, or any other aspect of Employment Law, with Fiona Bruce Solicitors, contact Tim Grainger, Partner and Head of our Employment Law Department – tgrainger@fionabruce.co.uk or 01925 263273.
Employee Responsibility and Its Impact on a Workplace Injury Claim
It’s important to note that employees also have a duty to take reasonable care for their own safety and that of others. If an employee disregards safety procedures or acts recklessly, this may affect the outcome of a claim – though it doesn’t automatically remove liability from the employer.
Making a workplace injury claim
If you’ve been injured at work and believe your employer may be at fault, you may be entitled to compensation. Time limits usually apply – most claims must be made within three years of the incident, so it’s important to seek legal advice promptly.
At Fiona Bruce Solicitors, our specialist Personal Injury team are well experienced in supporting clients through workplace injury claims, and would be more than happy to discuss your workplace accidents over the phone initially, free of charge.
Fiona Bruce Solicitors can provide expert advice and support to help you through every step of a workplace injury claim
If you’d like to speak with a member of the team about a workplace injury, or any other injuries you may have suffered, please contact Rebecca Hall on 01925 263273 or enquiries@fionabruce.co.uk for more information.
The contents of this post do not constitute legal advice and are provided for general information purposes only ■
