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Health & Safety at Work Claims - Help & Advice Guide

Employers in the UK are duty bound to ensure that their employees work in a safe environment. Not only are they bound as your employer to honour this obligation, but there are also other rules which your employer will have to comply with. In particular, your employer will need to have regard for Health and Safety regulations. For help at this stage with a Personal Injury claim please call 0808 274 3187 or fill out the enquiry form .

Health & Safety Work Claims Guide

What will this guide cover?

Where is the law on Health and Safety?

Technically there is not much UK legislation that deals with Health and Safety in the workplace. The vast majority of the law in this area comes from Europe and has been implemented through a variety of different sets of Regulations. Some of the most important regulations include:

1. The Provision and Use of Work Equipment Regulations 1998

These regulations apply to any and all employers that provide equipment for their employees to use. It is important to note that these regulations will apply to your employer, regardless as to whether he owns the equipment or provides it under a license agreement.

Your employer is required to provide equipment that:

  • Is suitable for its particular purpose;
  • Is maintained and subject to regular inspection;
  • Is used by people that have the necessary training, and are qualified to use it; and
  • Is accompanied by health and safety directions e.g. protective clothing to protect employees from harm.

2. Manual Handling Operations Regulations 1992

These regulations must be followed by all employers that require their employees to engage in manual work i.e. doing their job themselves, unaided by equipment.

Your employer is under an obligation to avoid the need for you to manually handle in your job so far as possible. If there is a need for you to do something manually, your employer must reduce the risk of your suffering injury as a result so far as is 'reasonably practicable'. This means that your employer, should they decide not to do something in respect of the need for you to do something manually, must show that the cost of introducing steps to remove the need for manual handling would be disproportionate to any further benefit likely to be enjoyed.

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What happens if Health and Safety regulations are not followed?

If you have been injured at work, and your employer has failed to follow the rules laid down in the Health and Safety regulations, you may be able to raise a Personal Injury claim for compensation. In order to do so, you will need to be able to evidence two things;

  1. You will need to show that your employer owed you a duty of care. This means that you must have been entitled, in law, to expect that your employer will not do anything/ fail to do anything that would expose you to injury. 

    In practice employers do have a legal responsibility to look after their employees at work, and not to expose them to any risk of injury.

  2. You will need to prove that your employer, in failing to observe their duty of care, caused you to suffer your injury. This is otherwise known as establishing that your employer was negligent.

It is slightly more difficult to prove that your employer was negligent. You will need to be able to show that your employer did or didn't do something, and that in doing so, was likely to and did result in your being injured. This is a complex area of law and you should obtain independent advice from a personal injury solicitor . This will allow you to understand your position better and will give you information about progressing a claim if that fits with the circumastances surrounding the injury . For help at this stage please call 0808 274 3187 or complete the enquiry form for assistance.

It is important to understand that your employer is only under an obligation to take reasonable care for your safety i.e. they are not required to ensure that no one ever suffers an accident as this would be impossible for them. If you can show that your employer did not take the necessary steps that a reasonable employer would have done in those circumstances under the Health and Safety regulations, then you will be in a strong position to prove negligence.

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You should also be aware that mounting a claim for Personal Injury compensation is a complex process, particularly where Health and Safety regulations are concerned. It is advisable to speak with a solicitor that has experience of handling these kinds of claims, as they will be better placed than solicitors that offer a general personal injury service to represent your interests.

Nothing in this guide is intended to constitute legal advice and you are strongly advised to seek independent legal advice on matters that affect you.

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Jurisdiction

UK

Last Updated

Tuesday, 14 November 2017

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Personal Injury

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