If you’ve been injured or become ill at work due to your employer’s negligence, you may be entitled to compensation. Workplace accidents and illnesses can have serious consequences, affecting your health, income, and overall financial stability — sometimes for a long time.
An employer’s liability claim allows you to seek fair compensation when an employer has failed to meet their legal duty of care. This could include not providing a safe working environment, proper training, or the necessary protective equipment.
If your injury or illness was caused by your employer’s negligence, you have the right to make a claim. Here’s everything you need to know about employer’s liability claims, your rights, and how to start the process.
What is an employer’s liability claim?
An employer’s liability claim, also known as an employer negligence claim, is a legal action taken by an employee who has suffered an injury or illness due to their employer’s failure to provide a safe working environment. Unlike general personal injury claims, employer’s liability claims specifically relate to workplace accidents and negligence, often caused by an employer’s failure to meet legal safety obligations.
Under UK law, employers have a duty of care to protect their employees from harm. This means ensuring a safe working environment, providing adequate training, and supplying the necessary protective equipment for work. If an employer fails to meet these responsibilities and an employee is injured or becomes ill as a result, the employee has the right to seek compensation.
To cover these potential claims, UK employers are legally required to have employer’s liability insurance. This ensures that employees receive the compensation they deserve without placing undue financial strain on the business.
H2: What types of workplace accidents can lead to an employer’s liability claim?
Workplace injuries and illnesses can be caused by a wide range of accidents and incidents. If they result from an employer’s negligence, a claim can be made. Common workplace accidents include:
- Slips, trips, and falls: Often caused by wet floors, uneven surfaces, or poor housekeeping.
- Injuries from defective or unsafe equipment: Machinery, tools, and other equipment that is poorly maintained or faulty can cause serious harm.
- Manual handling and lifting injuries: Heavy lifting without proper training or equipment can lead to musculoskeletal injuries.
- Falls from height: Accidents involving ladders, scaffolding, or elevated platforms, can lead to severe injuries.
- Exposure to harmful substances: Working with asbestos, dust, hazardous chemicals, or other harmful substances without adequate protection can lead to serious illnesses.
- Lack of proper PPE or safety training: If an employer fails to supply the personal protective equipment required to work safely, or they don’t provide adequate training to use the PPE or otherwise perform the job in a safe manner, employees will be put at risk of injury or illness.
- Illnesses caused by workplace conditions: Respiratory diseases, repetitive strain injuries, or hearing loss due to excessive noise may also qualify for compensation.
What are an employer’s legal responsibilities?
UK employers are legally required to follow health and safety regulations to protect employees and maintain a safe workplace. Their key responsibilities include:
- The Health and Safety at Work Act 1974: Requires employers to provide a safe working environment, conduct risk assessments, and implement the safety procedures required to protect their employees.
- Control of Substances Hazardous to Health (COSHH) Regulations: Governs the handling of hazardous substances to prevent workplace illnesses or injuries.
- Providing proper training and PPE: Employers must ensure that employees receive the training needed to perform their jobs safely and the necessary personal protective equipment.
- Carrying out regular risk assessments: Employers need to periodically identify and address workplace hazards to proactively prevent accidents and injuries.
How do I prove my employer was negligent?
If you’ve suffered a workplace injury or illness, you’ll need to prove that your employer’s negligence directly caused it. Strong evidence is essential to support your claim, including:
- Accident reports: Ensure the incident is documented in your workplace accident book and ask for a copy of any paperwork relating to it.
- Workplace safety reports: Ask for copies of risk assessments or documentation of previous safety concerns that may have been ignored.
- Medical records: Seek medical attention and keep records of your diagnosis, treatment, and any recommendations from doctors.
- Take photos: Try to take photos that help demonstrate how the incident happened and any hazards that weren’t properly addressed.
- Witness statements: Ask colleagues who saw the accident to provide written witness statements describing what happened.
- CCTV footage: If available, request video evidence as this can clearly show how the incident occurred.
What should I do after a workplace accident?
If you’ve been injured or become ill at work, acting quickly can protect your health and strengthen your compensation claim:
- Report the accident: Officially inform your employer and ensure the incident is recorded in your workplace’s accident book or equivalent procedure.
- Seek medical attention: Visit a doctor or hospital to seek medical care and to make sure your injury or illness is recorded and documented. Ask for copies of any documents that detail your diagnosis and recommended treatment.
- Gather as much evidence as possible: Take photos of the scene of the incident, any hazards, and your injuries. Ask for CCTV footage if it’s available, as well as copies of any official documentation or reports your employer makes.
- Collect witness details: Ask colleagues who saw the incident to provide written witness statements.
- Speak to a personal injury solicitor: Professional legal advice is vital in ensuring a successful claim. Contact Injury Lawyers 4u and we can explain how to claim for an accident at work. We’ll guide you through every step of the workplace injury compensation process.
Can I be fired for making an employer’s liability claim?
Many employees worry about retaliation when making a claim, including being fired. But it’s important to know that it’s illegal for an employer to dismiss or penalise a worker for seeking compensation.
Under UK employment law, employees are protected from unfair dismissal and discrimination related to workplace injury claims. If you face any form of retaliation, you may have grounds for an additional legal claim against your employer.
How much compensation can I claim?
The amount of compensation you can claim for a workplace injury or illness depends on various factors, including:
- The severity of your injury or illness: More serious injuries and illnesses typically result in higher payouts.
- The impact on your quality of life: Compensation takes into account how an injury or illness will affect your daily activities and long-term well-being, with more compensation awarded in cases where the injury or illness has a significant and lasting impact.
- Financial losses: Your compensation will cover financial losses incurred, including lost wages, medical expenses, rehabilitation costs, and travel expenses for medical treatment.
Compensation is generally divided into two categories:
- Special damages: Damages awarded for directly quantifiable financial losses incurred due to the injury or illness, including loss of wages and medical costs.
- General damages: These are awarded for losses that can’t be directly quantified, such as pain, suffering, and the reduction in quality of life.
Use our compensation calculator for an estimate of how much compensation you could claim for your work-related injury.
How can Injury Lawyers 4u help?
If you’ve suffered a workplace injury or illness that was at least partially caused by your employer’s negligence, Injury Lawyers 4u can help you seek the compensation you deserve.
Our team of experienced lawyers specialises in personal injury claims, including employer’s liability claims. We can provide you with expert advice on employee rights after a workplace injury and guide you through each step of making a work-related injury compensation claim.
If you want to make a workplace injury compensation claim, get in touch with us for a free consultation. Call us on 0333 400 4445 or fill in a contact form and we’ll get back to you as soon as possible.