Every workplace carries inherent risks. From a slip in the office to exposure to hazardous materials, employee safety is a top priority. This is where understanding employer’s liability in the UK becomes crucial.
What is Employer’s Liability?
Employer’s liability is a legal concept that makes employers responsible for the health and safety of their employees. In the UK, the Employers’ Liability (Compulsory Insurance) Act 1969 mandates employer’s liability insurance for most businesses with employees. Suffering an injury due to employer’s negligence may entitle you to legal compensation.
How should Employer’s Liability benefit you as an employee?
Having robust employer’s liability insurance offers several advantages:
- Employee Security: If an employee suffers injury or illness due to employer negligence, they can claim compensation through employer’s liability insurance. This covers medical expenses, lost wages, and other damages, ensuring financial security during recovery.
- Safer Workplaces: Knowing they are covered encourages employers to prioritise safety measures. This translates to better training, proper equipment and a focus on risk mitigation, creating a safer work environment for everyone.
- Peace of Mind: Employees can work with the peace of mind that comes from knowing they’re protected. This reduces stress and allows them to focus on their job duties.
- Accountability in the Workplace: If an employer fails in their duty of care, employer’s liability allows employees/families to seek compensation.
Consequences of an employer failing to uphold Employer’s Liability
The consequences of an employer failing to uphold liability can result in:
- Compensation Claims: Employees, or their dependents in the case of death, can file legal claims against employers to recover compensation for medical expenses, lost wages, and pain and suffering. The burden of proof lies with the employer to demonstrate they took reasonable steps to ensure health and safety.
- Legal Repercussions: The Health and Safety Executive (HSE), a government body enforcing workplace health and safety regulations, can impose fines or even criminal charges on employers in cases of severe negligence.
Examples of workplace incidents covered by Employer’s Liability:
- Slips, trips and falls: These are the most common workplace accidents and can happen anywhere, from a cluttered office to a greasy kitchen floor. If your employer fails to maintain a safe walking surface and you’re injured in a fall, you may have a claim.
- Lifting injuries: Manual handling tasks can be risky, especially without proper training. If you’re injured because you weren’t provided with the right equipment or instruction for lifting heavy objects, you may be able to claim compensation.
- Exposure to hazardous substances: Some industries may expose you to harmful chemicals, fumes, or dust. If your employer fails to provide adequate safety gear or proper ventilation, and you suffer health problems as a result, you may have a case.
- Falling objects: Objects falling from shelves, machinery malfunction, or improper securing of loads can all cause serious injuries. If your employer fails to take reasonable steps to prevent falling objects and you’re injured, you may be entitled to compensation.
- Repetitive strain injuries (RSIs): Spending long hours at a computer or performing repetitive tasks can lead to RSIs like carpal tunnel syndrome. If your employer doesn’t provide ergonomic workstations or proper breaks, and you develop an RSI, you may have a claim.
These are just a few examples, and employer’s liability can cover a wide range of workplace accidents and illnesses.
How can we help?
You don’t have to face this challenge alone. Our team of personal injury solicitors have extensive experience in handling employer’s liability claims. We can help you understand your rights and navigate the legal process. We will:
- Assess your case: We’ll review the details of your accident or illness and advise you on the likelihood of a successful employer’s liability claim.
- Deal with the insurance company: We’ll handle all communication with your employer’s insurance company, ensuring you receive a fair settlement offer.
- Fight for maximum compensation: We’ll work tirelessly to secure the compensation you deserve for your medical expenses, lost wages, and pain and suffering.
Get in touch!
Don’t hesitate to contact us today. We offer a free consultation to discuss your situation and explore your legal options. Remember, you have rights, and we’re here to help you enforce them.
Related articles:
Personal Injury Trusts – Talbots (talbotslaw.co.uk)
The Rights of Part-Time Workers – Talbots (talbotslaw.co.uk)