Whilst all measures should be taken to ensure safety in the workplace, unfortunately accidents at work do happen. Regardless of the profession, or the accident circumstances, injuries suffered at work can cause lifelong physical and emotional trauma. Therefore, it is important to understand who is responsible for the prevention of accidents and reducing the risk of injury. If an accident does occur, there are specific processes for reporting, investigating, and compensating affected workers and therefore navigating the complex systems of accident claims can be tricky.
Employers have a legal duty of care which is detailed in the Health and Safety at Work Act 1974 to ensure that safeguards are in place to protect workers from accidents wherever possible. There are also numerous other laws and regulations setting out what employers need to do to keep their employees safe in different circumstances. However, an employer does not retain complete responsibility for the prevention of workplace accidents or illnesses and so it is important to understand the concept of liability and how it relates to these claims.
In this blog we’ll explore the common types of work-related accidents, how liability works, and what steps employees can take to protect themselves.
Common workplace injuries
Before addressing who is responsible for injuries in the workplace, it is worth noting the most common injuries resulting from accidents at work:
- Slips, trips and falls
- Manual handling injuries
- Falls from heights
- Machinery-related accidents
- Exposure to hazardous substances
- Vehicle-related accident
These are not the only causes of accidents in the workplace but are the most commonly reported as causing injury.
Employer liability
The Health and Safety at Work Act 1974 requires that workplaces provide:
- Adequate training of staff to ensure health and safety procedures are understood and adhered to
- Adequate welfare provisions for staff at work
- A safe working environment that is properly maintained and where operations within in are conducted safely
- Suitable provision of relevant information, instruction and supervision
Employers have a responsibility under the Health and Safety at Work Act 1974, for workplaces with five or more employees, to keep a written health and safety policy record and effectively communicate these policies and arrangements to their employees.
An employer not only has a legal duty to reduce the risk of injury but also to maintain suitable working conditions according to the Workplace (Health, Safety and Welfare) Regulations 1992. These regulations cover all aspects of working conditions ranging from employee comforts, such as adequate break facilities and drinking water access, to appropriate working environments accounting for proper ventilation, lighting and facilities and provisions for safety in the workplace by maintaining equipment regularly.
Certain industries require employers to consider additional health and safety provisions for specialised risks arising from their daily duties. The Display Screen Equipment Regulations (DSE) 1992 detail the steps which employers must take to ‘protect workers from health risks of working with display screen equipment (DSE), such as laptops, PC’s, tablets and smartphones.’ To remain compliant with DSE regulations the employer has a responsibility to:
- Carry out a suitable DSE workstation assessment
- Reduce associated risks, including providing regular breaks from DSE work
- Providing an eye and eyesight test (free of charge)
- Provide relevant training and information for DSE users’
In environments where significant risks to employee safety are present, additional risk reductions must be in place. If a risk assessment determines that the risk cannot be mitigated by other means, then the Personal Protective Equipment Regulations (PPE) 2018 mandate that PPE must be provided to employees. Common examples of PPE include, but are not limited to, high-visibility clothing, protective footwear, safety helmets, eye protection, and safety harnesses.
Employee liability
Employers are responsible for providing adequate and reasonable safety measures in the workplace to reduce the risk of accidents, however, employees also have a responsibility to protect themselves against accidents. It is the responsibility of the employee to follow their training in relation to any safety measures correctly and report any concerns which they may have regarding health and safety, such as damaged equipment. If an accident occurs, causing injury, due to an employee’s failure to comply with appropriate health and safety measures, this may impact the ability of the employee to claim compensation for these injuries.
Understanding the responsibilities of both the employer and the employee to encourage safer working practices can reduce the risk of workplace accidents overall and thereby reduce the number of injuries suffered in the workplace.
What should you do if you have an accident at work?
If you’re injured because of an accident at work and feel that you are not responsible for the accident, it is important that you follow procedures to ensure that you can begin to gather evidence. Below are some key steps to take in the initial stages following the incident:
- Report the accident to the relevant person and ensure that this is recorded. Check that the accident has been reported accurately on the form before signing it. If your employer does not have an accident recording process, you can report this in writing to the relevant person and retain a copy for yourself.
- Seek medical advice to assess your injuries and access treatment.
- Take photographs of your injuries and the area or equipment which was the cause of the accident.
- Identify any witnesses and collect their contact information.
If you wish to make a claim for compensation due to injuries sustained in an accident at work, it is best to take legal advice as soon as possible to instruct a solicitor to navigate the complex processes. It is important to note that personal injury claims will become barred if they are not issued at court within three years. Your chosen solicitor will require sufficient time to properly investigate the claim within this period and therefore you must look to begin the process as soon as possible. A personal injury solicitor will assist you in understanding your rights and guide you through the process of securing compensation for your injuries.
Having an accident at work may result in a lengthy rehabilitation and recovery process, which can be stressful. Where employers ensure that adequate safety measures are implemented, and employees adhere to these policies, the risk of accidents can be mitigated. Understanding liability ensures that, if an accident occurs, the responsible party is held accountable, and the affected employee can receive the necessary support.
If you have been involved in an accident at work and would like to speak to a personal injury specialist about a potential claim please call our team on 0161 696 6235 or fill in our online enquiry form and we will be in touch as soon as possible.
By Abigail Worden, graduate paralegal
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