Member Article

Employer’s Duty of Care - An Introduction

Whether you work for a small start up or a large corporation, it is up to your employer to make sure you are safe at work.

This is because every employer in the UK has a duty of care towards their employees.

But, what exactly does this mean?

Today we will be giving you a full introduction to employer’s duty of care. Including, what to do if the duty of care is unfulfilled and you become a victim to a workplace injury and wish to make a work accident claim.

The main responsibilities of all UK employers

When it comes to preventing accidents in the workplace, your employer has two main responsibilities:

● Taking measures to protect anyone who is in the workplace from harm, which includes visitors and customers.

● In the case of specific accidents occurring, they should inform the Health and Safety Executive or in certain situations the local authority.

It should also be noted that it is the employer’s duty to offer appropriate health and safety training, conduct emergency planning and risk assessments as well as provide adequate first aid.

Is your employer living up to their duty of care?

All new recruits should receive a basic induction training, which would include details on how to work safely in their given environment, the first aid arrangements, as well as fire, and emergency evacuation procedures.

Generally, you should also feel like you are in a safe building or work area with equipment that works efficiently. Moving around your premises must be safe, and adequate lighting needs to be provided.

There must also be efficient cleanliness, hygiene and welfare.

Last but not least, your conditions must feel comfortable.

If you think your workplace falls short of any of these factors, you have the right as an employee to raise your concerns.

Worried about recriminations or repercussions?

Many employees may hold back from making a work accident claim against their employers in fear of their livelihood.

In reality, there is nothing to be afraid of. Under UK employment law, it is illegal for an employer to dismiss you due to a work accident claim.

Most likely, you will not be affecting your employer directly if you make a claim either. This is because as soon as an individual becomes an employer, they must get Employers’ Liability Insurance, by law.

This insurance helps employers pay for compensation if an employee is injured or becomes ill due to the work they do for them.

So, chances are your accident will be covered by this. However, if the worst does come to the worst and you feel you have been unfairly dismissed due to a work accident claim, then you have the right to take legal action for unfair dismissal.

Daniel Strong, Solicitor at Winn Solicitors, offers some reassuring words:

“Having an accident at work can be an extremely stressful situation. From the initial injury to having to take time off work and dealing with the uncertainty of returning to work, an accident can have far reaching effects on your day-to-day life.

“People often avoid making a claim because they fear potential consequences, but at Winn Solicitors, we have decades of experience in this specialist field of law and we’re here to put your mind at rest. Our experts are on hand to get you the help and compensation you’re entitled to.

“You are entitled to make a claim if you have suffered an injury at work, and you deserve compensation.”

Common accidents at work and taking action

A workplace injury can take many forms, such as falls, electric shocks, manual lifting injuries, vision loss, burns, injuries from machine usage and more.

They can also occur in all industries. The employer duty of care spans all possible scenarios from industrial accident claims to office accident claims.

Whether your injury is minor or severe, the right solicitor will make sure that you can get access to the medical treatment you need.

So long as your accident took place while you were carrying out your day-to-day role, or due to inadequate health and safety measures, you have the right to make a claim.

If you’ve been involved in an accident at work, the first step you need to take is to contact a solicitor. You will be appointed a personal claims handler who will keep you up to speed throughout the whole process. If you need any medical treatment they will arrange it for you.

They will then handle the day to day running of your case and agree to the settlement should you be successful.

Have you had a workplace injury that wasn’t your fault?

Most importantly, you should never feel alone.

Seeking expert assistance when making a work accident claim is vital for ensuring you receive the accident at work compensation you deserve.

With a dedicated team of legal specialists in employer liability claims, Winn Solicitors will support you throughout the whole legal process. From making your claim, to obtaining compensation, all while avoiding the stress.

This was posted in Bdaily's Members' News section by Winn Solicitors .