Why can I claim compensation for an injury at work? – Sponsored Post

Health and safety laws state that employers must ensure, as far as possible, the health, safety and welfare at work of all employees. Part of this means that employers must provide a safe place of work, safe working systems and the right training and equipment to help you, as an employee, carry out your job.

Unfortunately accidents happen in the workplace. But Regulations are there to minimise risks and encourage employers do their best to avoid preventable accidents.

If you’re injured because your boss has breached health and safety regulations, you might be able to claim compensation. Here are some of the health and safety laws employers must comply with:

The Workplace (Health, Safety and Welfare) Regulations 1992

These oblige employers to make sure equipment, devices and systems – and the premises in which you work – are in an efficient state, in working order and in good repair.

Accidents that can be caused due to defective premises or equipment include:

• Faulty chairs, causing back injuries

• Collapsing equipment

• Inadequate scaffolding

• Badly-designed workstations

• Faulty or unsuitable doors or gates.

As well as looking after your workplace and equipment, your boss also has to ensure that flooring is suitable, depending on what the area/traffic route is used for.

For example, you’d expect a kitchen or bathroom to use different flooring to a warehouse or factory where forklift trucks are driven around.

The Manual Handling Operations Regulations 1992

In some jobs, you might have to do manual handing tasks. These could include lifting heavy boxes, large amounts of stock or, in a hospital or care home, moving patients who need help. Since manual handling tasks can lead to injury, it’s an employer’s duty to take steps to minimise the risk to you when you’re doing them.

Among other things, the Regulations require your employer to:

• Where practicable, avoid the need for employees to carry out manual handling operations which involve a risk of injury

• Carry out a proper risk assessment of all such operations, taking on board specific factors

• Take steps to reduce the risk of injury to the lowest level reasonably practicable

• Where practicable, provide employees carrying out manual handling tasks with information on the weight of the load, etc.

The risk assessment also has to be reviewed if it’s no longer valid, or if there’s been a significant change in the operations it relates to.

The Personal Protective Equipment at Work Regulations 1992

An employer must provide you with suitable personal protective equipment (PPE) if your health and safety is risked when you’re working. This equipment could include gloves, suitable outdoor clothing, eye or head protection, suitable shoes, etc.

If you’ve had an accident which could have been avoided if your employer had let you have suitable eye protection, it means your boss will have breached the Regulations and you might be entitled to claim compensation.

Health and Safety laws and Regulations are there to protect employees while they’re carrying out tasks at work. Your employer has a duty to take reasonable steps to protect your health and safety and, in so doing, hopefully avoid accidents.

Don’t forget, while some accidents can’t be prevented, you might be entitled to claim compensation if your employer has breached health and safety legislation and this has led to your being injured.

Jayne Moyle, Personal Injury Legal Executive, Simpson Millar LLP Solicitors – Actively supporting victims of injury at work for over 150 years.

January 15, 2013 · Editorial Team · Comments Closed
Posted in: News