A Guide to Accidents at Work
All employers have a legal duty to ensure their workers are kept safe from injury. If you have had an accident at work as a result of your employer failing to meet their obligations, you could be entitled to claim compensation for the pain and suffering it has caused you.
At Calio Claims, we have helped many people claim the compensation they deserve following a workplace accident.
In this guide, we answer some of the most common questions asked by our clients who have been involved in accidents at work.
Do not hesitate to contact us for advice and support with your case. Call us on 0800 988 8082 today
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:
- a reasonable system of work
- safe place of work
- provision of safe work equipment
- reasonable training and instruction regime
Yes, the regulations cover just about any work activity and 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
This list is not exhaustive. There are a considerable number of statutes and regulations which cover all types of specific industry-related issues.
At Calio Claims, our solicitors have particular expertise in workplace accidents and can advise on the regulations that all employers must adhere to.
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.
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.
At Calio Claims, we have experience of dealing with such cases. We acted for our client who sustained an injury at work after a colleague who was driving a forklift, ran over his foot.
The most common type of workplace accidents are:
- Falls from height
- Being struck by a moving vehicle or object
- Trapped by something collapsing/overturning
- Contact with moving machinery
- Contact with electricity
- Drowning or asphyxiation
Our lawyers have acted for clients in a wide range of accidents at work:
At Calio Claims, we are here to help 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 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 or 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. However, it is possible that you may still have a claim in each of these instances and our lawyers are here to help regardless of the circumstances of your accident at work.
The time limit runs 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 the 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.
Contact our accident at work solicitors in Glasgow, Edinburgh and Dundee today
If you have had an accident at work, and think you may have a claim, contact us to find out if you may be entitled to compensation. We can offer to work on a no-win, no-fee basis.