If you suffered an injury as a result of an accident in the workplace that could have been avoided, you have every right to file a compensation claim against your employer. All employers in the UK under the law have a duty of care to keep you and your work colleagues safe from harm and injury in the workplace. Should an employer fail in their “duty” and you are injured in the workplace as a result, there is a procedure that must be followed which goes a long way in proving and strengthening a personal injury work-related compensation claim. To find out more about suing an employer for negligence, please read on.
What is an Employer’s Duty of Care?
As previously touched upon, all employers must keep employees safe from harm in the workplace which is referred to as an employer’s “duty of care”. Employers in the UK must do take all reasonable steps to keep you as an employee safe in the workplace and to ensure your well-being while working. An employer’s duty of care towards you should not be entirely seen as a “legal requirement” because by doing so, it means you feel safe whilst at work and studies have shown that a safe workplace improves productivity and staff retention. Find out if you are eligible to make a compensation claim by visiting this link here https://www.legalexpert.co.uk/how-to-claim/accident-claims/accident-at-work-claim/ free advice from a online live chat or a free phone number.
With this said, all UK employers must adhere to all Health and Safety Executive regulations and employment law on top of their “duty of care” towards everyone in their employment whether on a full-time, part-time, contractor or self-employed basis. Should you be injured in the workplace, your employer has a responsibility to fulfil their obligations when it comes to negligence and/or personal injury claims.
Under the law, your employer’s duty of care should include the following:
- To clearly define employee’s jobs
- To regularly undertake risk assessments
- To ensure all employees work in a safe environment
- To provide adequate training as well as performance feedback
- To ensure that employees are not working excessive hours
- To provide rest and relaxation areas
- To protect all employees from harassment and bullying in the workplace whether from third parties or work colleagues
- To protect all employees from discrimination in the workplace
- To provide adequate and easily accessible communication channels so that employees can voice any concerns they may have
- To regularly consult with all employees on matters that may be of concern to them
Your employer could be held in breach of their “duty of care” towards you should they fail in any of their responsibilities and you suffer an injury or work-related illness/disease as a result. With this said, employees too have responsibilities in the workplace and have every right to refuse to work should the environment not be safe to do so without having to worry about any disciplinary action being taken out against them.
More About Suing an Employer for Breaches in Health and Safety Executive Regulations
You can sue your employer for a breach in Health and Safety regulations, but you can only file a claim for personal injury and illness against them and it is typically up to a Safety Inspector to instigate the claim. Your claim could include both physical and psychological injury if an employer breaches any of the H&S regulations.
How to Sue Your Employer for Negligence
You must gather as much evidence and proof as possible in order for a negligence claim to be successful. With this said, there are specific steps that must be taken prior to filing your claim which includes trying to resolve the problem directly with your employer. It is also important to familiarise yourself with the company’s “grievance” procedure which would indicate that steps are recommended, who you should approach within the company to voice your concerns with an end goal being to resolve the problem.
However, it would depend on your reason for suing an employer as to the effectiveness of this approach, but it is always recommended as being the best “first line” when it comes to resolving a work-related issue. Members of a trade union can also discuss any work-related concerns they may have with a representative who would be able to offer both assistance and advice.
Should you find that the problem is not resolved having followed the company’s recommended procedure, the next step is to contact a solicitor who specialises in work-related negligence claims. Having expert legal advice on how to file a negligence claim against an employer through an employment tribunal can help speed up what is often a complex and long drawn out process. When your claim is heard at an employment tribunal, your employer would present their case. A Judge would then decide on your claim and if successful, would rule on the amount of compensation and damages you would be awarded.
Seeking Legal Help in Negligence Claims Against Your Employer
As previously mentioned, work-related negligence claims can be long-drawn out, complex legal procedures and it is vital to have all the evidence and proof needed to present to an employment tribunal from the word go. As such, it is far better to seek legal advice as early as possible to avoid falling foul of the 3 year time limit associated with this type of claim. LegalExpert.co.uk have years of experience in handling successful negligence claims against employers and offer an initial free consultation which allows a specialist solicitor the chance to assess your case. Once the strength of your claim is established, a solicitor would agree to work with you on a No Win No Fee basis which means you would only pay for their legal representation on a successful negligence claim and the agreed percentage would be deducted from the amount you are awarded. Should you claim be unsuccessful, there would nothing to pay at all.