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Injury

A workplace accident is caused by wrongful acts of the employer or by the negligence of other employees for which the employer is usually liable. Severe long term injuries can also be caused by unsafe or prolonged repetitive acts required by the employer or simply from being exposed to a hazardous work environment. In an employment situation it is often unnecessary to prove negligence against the employer as there are many circumstances where an employer is strictly liable for the consequences of his actions even though it may be difficult or impossible to show negligence. If injury occurs as a result of the employers neglect or as a result of failure to abide by the regulations then the worker is entitled to receive compensation for any injuries that are sustained as a direct result of the employer’s failures. All UK employers must maintain an insurance policy known as an Employer's Liability Insurance Certificate which covers the payment of compensation for personal injury to employees who are the victims of negligent actions by the employer.

It is the responsibility of the employer to reduce the risk of a workplace accident occurring by ensuring the following essentials :-

• employing capable and safety conscious employees
• providing appropriate equipment and training on how to use it
• providing a safe place to work with adequate fire escape routes, ventilation, cleanliness, sufficient floor area and height and adequate sanitary conveniences

A workplace accident is often caused by improperly trained or negligent co-workers, trips and slips on unsafe floors, falls from height, poorly maintained machinery or equipment, improper use of chemicals and hazardous materials and improper stacking of raw materials or boxes. There is a wide range of legislation in place to protect employees and the most frequently used regulations to settle workplace accident claims are as follows :-

• Management of Health and Safety at Work Regulations 1992:
  These regulations stipulate that every employer has to perform risk assessments for all operations likely to be carried out in order to protect employees, visitors, contractors and clients etc. If an accident occurs in a procedure where there has been no risk assessment or an inadequate risk assessment then an employer is likely to be held liable to pay compensation for injury. Even if a risk assessment has been carried out an employer is still liable for any negligent actions which cause injury.
• Workplace (Health, Safety and Welfare) Regulations 1992:
  These regulations set out the standard of the common facilities in any place of work which includes maintenance of the workplace, ventilation and lighting, disposal of waste and the condition of floors, washing facilities, escalators and doors and gates. The employer has to ensure that these facilities are maintained according to industry standards.
• Provision and Use of Work Equipment Regulations 1998:
  These regulations state that equipment and machinery must be kept in good working order and adequate training must be provided to employees to use them.
• Personal Protective Equipment at Work Regulations 1992:
  These regulations require that every employee shall be provided with appropriate personal protection equipment and training on how to use it. Employers are now encouraged to take precautions regarding electrical safety in the workplace by introducing a regular programme of inspection and testing of equipment such as power tools, desktop pc's and other appliances. Portable appliance tests (PAT testing) is encouraged as part of a safe system of inspection and maintenance.

Our solicitors deal with personal injury claims on a risk free No Win No Fee basis and compensation is paid in full. Win or lose there is no charge. If you have been injured in an accident within the last three years, do yourself justice and use the helpline or complete the contact form and we will immediately put you in touch with a specialist solicitor. If after talking to that solicitor you decide to proceed no further you will not be charged for any advice.

HELPLINE 0845 890 4092

In the case of CICA claims terms will vary and in the case of MIB claims terms may vary.