Whilst the statistics for Scottish people suffering an accident at work are on the decline, unfortunately, as the saying goes, accidents do happen.
The key to remember is that your employer has a legal duty to ensure that you are safe at work.
If you have been injured at work, Calio Claims can help you claim compensation.
What are my employer's duties?
Generally speaking, your employer has a legal duty to do all that they reasonably can to care for your safety in the workplace.
One of the key pieces of legislation in this area is the Health & Safety at Work Act 1974. This sets out the general health and safety rules with which your employer must comply.
Your employer must ensure the following is in place:
- reasonable system of work
- reasonably safe place of work
- reasonably safe work equipment
- reasonable training and instruction
Do the regulations cover my sector of work?
Yes, the regulations cover just about any work activity and also type of workplace.
Some examples of the specific issues dealt with in the regulations are:
- Provision and use of work equipment
- Control of substances hazardous to health
- Manual handling
- Personal protective equipment at work
- Work with display screen equipment
- Working at height
There are a huge number of statutes and regulations not limited to this list which cover all types of specific industry related issues.
What should my employer do to comply with the regulations?
Generally speaking, your employer should identify the risks which you and your colleagues may encounter in the course of your employment. They have a duty to then control those risks. Some examples of the practices in place in order to do so are as follows:
- A Health & Safety policy - this sets out your employer's general approach together with the arrangements in place for managing health and safety. It is a "what, when and how" document.
- Risk assessments - these identify, quantify and control the risks.
- Method statements - these detail steps on how to complete a particular task and avoid the risk identified in the risk assessment. In other words, do the job safely.
- Training - it is essential that your employer trains you on how and why to manage the risk. This should also include consulting with employees and keeping them up to date.
What if the accident was caused by a fellow employee?
Your employer is responsible for ensuring that all employees behave appropriately and do not cause accidents. Measures to avoid all risks should be covered in your employer's risk assessment and/or method statement.
What types of accident at work can I claim for?
The latest statistics from the HSE show that the following are the most common type of workplace accident in the UK:
- Falls from height (26%)
- Struck by a moving vehicle (18%)
- Struck by a moving object (13%)
- Trapped by something collapsing/overturning (9%)
- Contact with moving machinery (9%)
- Contact with electricity (4%)
- Drowning or asphyxiation (4%)
- Injured by an animal (4%)
- All other accident kinds (13%)
If you suffer an injury of any kind, speak with one of our specialists as soon as possible to explore whether you have a claim for compensation. You are entitled to claim for any injury caused by your employer breaching their legal duties to you.
It all seems quite straightforward - I have a claim if my employer breached one of their duties
It is not quite as simple as that. It is necessary to show the following:
- that your employer had a legal duty to take reasonable care for your safety;
- that this duty of care was breached;
- as a result, you were injured
Other factors can complicate your claim, For example, if your employer has gone into administration for liquidation, or if you were self-employed when you were injured, or even if you were employed by an agency at the time of the accident. You may still have a claim in each of these instances and our specialists are here to help regardless of the circumstances of your accident at work.
How long do you have to make an accident at work claim?
Generally speaking, the time limit begins to run from the date of the accident and expires after three years. It is therefore important to contact one of our specialists as early as possible.
There are some exceptions to the three year time limit which are as follows:
- If your loved one no longer has mental capacity to make a claim themselves, then there is no time limit for you to make a claim on their behalf;
- If your injury was caused by defective work equipment, then the time limit may be different;
- Different countries have different time limits. Therefore, if the accident occurred whilst you were working abroad, then the time limit may be shorter than three years., For example, in Spain, the time limit is one year from the date of recovery or one year from the date where an estimated recovery time can be determined.
If you have had an accident at work, and think you may have a claim, please contact us on 0800 988 8082 or complete our online enquiry form and a member of our team will get back to you as soon as possible.