An Employer’s Liability claim or work accident occurs when a physical or mental injury occurs during work activities, either in the workplace or during business operations.
If you have been injured in the workplace, filing an accident at work claim is crucial for pursuing damages for monetary losses, suffering, and potential long-term health issues, as well as ensuring employers take necessary precautions to prevent future incidents and holding them accountable for their duty of care.
Employers are responsible for conducting risk assessments and ensuring the health and safety of employees and visitors. If an employee is injured in the workplace, they must report serious accidents, diseases, and dangerous incidents to the Health and Safety Executive for Northern Ireland (HSENI) or local authorities.
What types of accidents injuries at work can I claim for:
Construction Site Claims
Construction sites pose a significant risk due to the constant lifting of equipment and materials, which can lead to severe injuries if not handled properly. The busy nature of these sites necessitates the safe organization and storage of materials, plant, and equipment to prevent distinct types of injuries.
Working at height claims
The Health and Safety Executive (HSE) warns that workplace injuries like ladder and roof falls are common due to the dangers of working at height. Employers should consider the necessity of working at height and implement protective measures if necessary to minimize falling employee risks.
The Work at Height Regulations 2005 (WaHR) governs height-related work, establishing safety and health standards for equipment use, and is a subordinate to the 1974 Health and Safety at Work Act.
Manual handling claims
Manual handling can be dangerous if inadequate equipment is not provided. The Manual Handling Operations Regulations 1992 outline rules, but breaches can lead to accidents. Employers should be held accountable for manual handling guidelines, and employees should report injuries to their employers immediately.
Trips and slips
In claims involving trips or slips at work, it is crucial to determine the cause and whether the employer was expected to maintain a clear area. The Workplace (Health, Safety and Welfare) Regulations 1992 outline safety rules, but breaches can lead to accidents due to tripping or slipping hazards.
Therefore, if you experience a slip or trip at work, you must immediately report the accident to your employer, seek medical attention from a first aider, and seek advice from your GP or local hospital.
Defective work equipment
The 1998 Work Equipment Regulations provide guidelines for safe use of work equipment in factories and offices, but violations can lead to accidents due to potential hazards. If machinery is not thoroughly inspected and maintained, it can break down and cause safety mechanisms to fail.
Resulting in accidents, especially hand injuries, including exploding machines and machine failures. Proper maintenance and equipment use are essential for employee safety, and inadequate training can lead to unsafe use.
Personal protective equipment (PPE)
The Personal Protective Equipment at Work Regulations 1992 sets out the rules and regulations which should be adhered to, however, unfortunately, there are often breaches of these regulations which can lead to accidents occurring.
Common examples of defective equipment include improperly maintained goggles, gloves, or footwear. In some cases, the provided PPE may not be suitable, leading to the use of a better product. Training may not be provided, and photos of the equipment are necessary.
Inadequate training claims
Accidents can happen if you have not received the appropriate training. Whilst there are different regulations that apply to the workplace regarding training, general provisions can be found in The Management of Health and Safety at Work Regulations 1999.
Inadequate training can lead to accidents, such as injuries from complex work equipment, improper personal protective equipment advice, and inadequate manual handling training. Employers may blame employees for accidents, but compensation may still be available if training was not provided.
Accidents caused by colleagues or superiors.
Common workplace injuries are caused by negligence by fellow workers, with employers being ‘vicariously liable’. Claims can arise from practical jokes, floor trips, or collisions in forklift trucks. If injured, report the accident to your employer and seek medical attention. Managers, team leaders, and supervisors have a significant responsibility in creating a safe working environment.
Employers are responsible for ensuring safety and teamwork, especially on construction sites, as mistakes by colleagues can lead to catastrophic consequences, and if a co-worker causes an accident, employers are held accountable.
Other types of workplace accidents
Workplace accidents can occur in several types and locations, including additional ones beyond those listed above.
- Factory and manufacturing accidents – Including faulty equipment and inadequate PPE.
- Farming accidents – Including accidents caused by animals, equipment, and vehicles.
- Office accidents – Including faulty equipment and slips, trips, and falls.
- Supermarket accidents – Including slips, car park accidents and falling items.
- Warehouse accidents – Including trip hazards, defective machinery and falls from height.
Frequently asked questions:
What accident at work claims can I make?
Each Employer’s Liability case is assessed individually and is dependent on supportive medical evidence. You can claim for:
General Damages – Made for the pain, suffering, and loss of amenity of life that are evidentially linked to the accident at work directly. The pain and suffering element of the award compensate for all past, present, and future physical and psychiatric symptoms.
Loss of amenity means the inability to complete activities, either temporarily or permanently, after an accident, which could be undertaken before. This is an award designed to compensate you for the actual injuries suffered, and the effect those have had on your quality of life.
Special Damages – Compensates for any financial losses or out-of-pocket expenses as a result of the accident at work. This would include (but not limited to) loss of earnings, medication or prescription charges, travel to appointments or any cost of care for the extra care you have needed from family or care providers.
This can also include any future loss claim and if you are unable to return to the same job as a result of the accident at work, you can claim for a lump sum based on your wages known as Smith v Manchester award.
An injured person must prove that their injuries make it difficult to find similar employment, and they must minimize their losses or expenses through mitigation, which a court will assess before awarding compensation.
Who can make a claim?
Whether you are an employee, agency worker or contractor you may be able to make a claim for an accident at work.
Companies often hire contractors and self-employed workers for projects, but it has often misunderstood that self-employed workers are always responsible for their own workplace health and safety. While they typically need insurance, they can claim injuries caused by an employed person’s actions.
Self-employed contractors may claim another person or company caused an accident and injury due to their lack of control over health and safety assessments and risk assessments, depending on the company-contractor relationship.
I have suffered from an accident at work, but I stopped working for the company a while ago. Can I still make a claim?
It does not matter that you no longer work for the company or may be retired. If you have started a claim and stopped working with the company, this would also not affect your claim, but we would advise that you obtain any supportive evidence from your employer before you leave.
If the company goes into liquidation or administration, you may still be able to bring a claim against the company as long as they had employers’ liability insurance in place at the time of the accident, to meet the cost of your claim.
Can I claim for loss of earnings?
Yes, both past and future loss of earnings can be considered in a claim if supported by medical evidence.
If your injury is profoundly serious and your ability to work in the future has been affected, you can claim for the disadvantage you will have when seeking employment in the future.
If you intend to claim loss of earnings, either past loss of earnings or future, it is important to retain the following documentation:
- Wage slips for the three-month period prior to the accident.
- Wage slips for the period of absence.
- Details of any other payments received
How long will my case take?
It will depend on various matters, such as:
- Level of your injury
- Ongoing treatment
- Whether your employers admit fault
- Whether proceedings would need to be issued to secure compensation
- Speed of communication between parties
- Issues with your medical records/reports
Each case is different and whether an insurance company agrees to deal with a case depends on a number of factors. It is therefore exceedingly difficult to advise on the length of time a case may take as it may be that it is not clear who is responsible for your accident. Your solicitor will advise you if there are issues that arise which mean the duration of your case will be affected.
Further reading
Employees’ health and safety responsibilities.
Oakwood Scotland Solicitors – Accidents at work.
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