Employer's liability claims
Most employer’s liability claims can be dealt with on a no win no fee basis
We can review your claim and advise you if your claim is likely to be successful.
You are entitled to make an employer’s liability accident at work claim if your workplace, work equipment or working methods were unsafe causing you to suffer a personal injury.
Employers should provide a safe place of work, safe working methods, safe access to and exit route from your place of work and safe working equipment. There are also a number of Health and Safety Regulations in force which employers have to comply with.
Employers in the UK have a legal duty to take reasonable steps to protect the health and safety of their employees. When an employer fails to meet this obligation and a member of staff is injured as a result of the employer’s negligence or fault, there can be grounds for an employer’s liability insurance claim for compensation.
In most employer’s liability accident at work claim cases the compensation awarded is paid out by the employer’s liability insurance provider, and not by the employer. It is unlawful for an employer to discriminate or treat an employee differently because the employee is making a work accident claim.
It is part of the Co-op’s ethos and values to provide help and support in enforcing legal rights so as to prevent injustice. We will always strive to secure the best possible compensation and rehabilitation support for our clients.
When to make an employer's accident at work claim
You can make an accident at work claim if your employer failed to implement the correct health and safety procedures at work, causing you to suffer a personal injury. In this context ‘injury’ can mean different things. For example, you may trip over loose cables in the office and suffer physical trauma, such as a broken wrist. Others may have been exposed to working with hazardous materials such as asbestos over a long period of time, causing cancers such as mesothelioma.
You may also be able to make a claim if you were a contractor or self-employed at the time when you were injured during the course of your work; however, the law is more complicated in these situations. For example, you must be able to prove that another person or company was responsible for maintaining the safety of your working practices and/or environment. This typically happens on construction sites, where a number of contractors are employed, but where the company overseeing the development is accountable for the well-being of anyone on the building site – including employees, contractors and visitors.
Types of work accident claims
There are lots of different ways in which an employee can be injured at work, but which could have been prevented had the correct health and safety measures been imposed. Some of the most common types of work accident claims we deal with include:
Manual handling / lifting claims
When any manual handling or lifting of objects is required in a workplace, including factories, warehouses, offices and shops; employers have a legal duty to comply with the Manual Handling Operations Regulations 1992. These regulations impose various obligations on employers such as a requirement to reduce the need to lift items to the lowest level possible, to provide lifting aids and equipment to minimise the need for employees to lift items in the workplace, and where lifting and handling cannot be avoided, to train employees on how to lift safely.
Employers must also carry out risk assessments to identify any working practices which involve employees having to lift and handle objects at work. For more information see Manual Handling / Lifting Claims.
The most common types of injuries typically associated with manual handling and lifting injury claims include back and spinal injuries.
Working at height claims
When an employee is required to work at height, the Work at Height Regulations 2005 must be complied with. These are designed to ensure an employee does not fall, or suffer injury from falling objects. Working at height does not necessarily mean that the employee is hundreds of feet of the ground. Stacking shelves, for example, is considered as working at height. For more information see Working at Height Claims.
Electric shock claims
When an employee will be working with electricity, the correct training and protective equipment must be provided. Each task should also be risk assessed, and machinery made safe. Alternatively an employee may not be working with electricity, but will be exposed to electrical appliances (around the office or on a building site). Again, these electrical appliances should be maintained to a safe standard. For more information see Electric Shock Claims.
Injuries associated with electric shock claims include minor to severe burns and heart attack.
Every year, many workers are injured and killed when working on construction sites. The most common types of accidents involving workers on construction sites include workers falling from scaffolding or high buildings, accidents involving heavy plant and machinery and workers being injured as a result of material falling from cranes and other lifting equipment.
Construction sites can be very dangerous workplaces if the correct safety rules are not followed. There are many different types of regulations that need to be applied on construction sites, along with the right protective equipment including the Construction (Health, Safety and Welfare) Regulations 1996. If these rules aren’t followed by everyone on site, injuries can arise as a result of falling objects, falls from height, faulty machinery, equipment failures, and slips and trips. For more information see Construction Accident Claims.
Injuries caused by work accidents on construction/building sites range from back and spinal injuries, broken bones, sight/hearing loss and head injuries to amputation and fatal accidents.
Chemical injury claims
Sometimes employees will be exposed to chemicals during the course of their work. If so, employees must be given the correct training and protective equipment. Employers have a duty to reduce the risk of exposure to chemicals and chemical fumes to the lowest level possible. Risks assessments should be carried out, and the necessary cleaning/storage procedures followed. For more information see Chemical Injury Claims.
Injuries associated with chemical injury claims include burns, skin conditions such as dermatitis, eye injuries and lung conditions, including occupational asthma.
Industrial disease claims
Industrial diseases are illnesses or injuries that develop after long-term exposure to hazardous materials or practices in the workplace. The term “industrial disease” includes but is not limited to mesothelioma, asbestosis, silicosis, occupational asthma, vibration white finger, noise induced hearing loss, sight loss, dermatitis and latex allergy. For more details see Industrial Disease Claims.
Vehicle accidents at work
When an employee is required to operate a vehicle (anything from a car to a forklift trick) while carrying out their work duties, an employer has a duty to ensure the employee is fit to drive. The correct training must be delivered, the vehicle must be kept in a good condition, and the driving surface/route maintained and properly identified. If conditions mean that driving would be hazardous (for instance, the roads are icy), an employer must take steps to ensure the employee’s wellbeing. For more information see Vehicle Accidents at Work.
Injuries associated with vehicle accidents at work claims include whiplash, back injuries, head injuries amputation and fatal accidents.
Whatever the circumstances of a work related accident, if you believe you have been injured during the course of your work duties, you could be entitled to make an employer’s liability claim for compensation to include medical treatment, rehabilitation support and lost earnings.
No win no fee
Most employee accident claims can be dealt with on a No Win No Fee basis. This generally means that if it is not possible to obtain compensation for your injuries, there will be no charge for the work undertaken on your behalf by your Co-op Personal Injury Solicitor.