Work Related Accidents And Injuries

by Jonathan Blood Smyth

Many people spend a large proportion of time at work; therefore it is essential that the employer provides a safe working environment. Considering how much time people spend working, it is essential that the working environment is as safe as possible. Nonetheless, workplace and industrial accidents are commonly reported on a regular basis. A common everyday occurrence, according to the statistics, there are about 1.6 million injuries each year and 2.2 million cases of ill health caused or made worse by work. This figure is an alarming reflection of some employers failing their employees in protecting them from potential hazards, is a staggering figure, therefore it is important that the employee has the right to claim damages if they are the victim of an unfortunate accident or injury. When an accident or injury occurs, the employee is able to obtain the best advice possible and claim damages against their employer.

As the employer is directly responsible for ensuring safe conditions at work for the employee, if for some reason the employer fails in this duty, then the employee will be able to claim damages against their employer. Some of the main responsibilities of the employer include:

Checking the suitability of the working environment

Providing the employee with safe materials and equipment

The Health and Safety at Work Act'74 states that It shall be the duty of every employer to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all his employees. Therefore, it is the employer's responsibility to ensure that their employees are safe from hazardous environments.

The most frequent accidents and injuries that crop up at work are usually due to the negligence on the part of the employer in providing safe working materials.

The Work Equipment Regulations Act

In reference to The Work Equipment Regulations'98 Act work equipment is defined as meaning any machinery, appliance, apparatus, tool or installation for use at work (whether exclusively or not). Use in relation to work equipment means any activity involving work equipment and includes starting, stopping, programming, setting, transporting, repairing, modifying, maintaining, servicing and cleaning. It is the employers responsibility for necessary assessments to be taken in order to reduce potential health risks for the employee.

The employer is responsible for ensuring that the equipment provided to the employee is fits should be suitable for its purpose, and appropriate steps should be taken to minimize any risks of any effect the machinery/equipment may have on the health of the employee. In order to minimize any potential risks, suitable assessments should be taken by the employer. The employer should check the following: In carrying out these assessments the employer should assess:

The overall working environment and conditions

Any potential risks caused by the premises and;

A detailed analysis of the equipment

If any areas of concern are found as part of the assessment proceedings, as part of the assessment proceedings, the employees should have a right to be notified of any risks to their health and safety highlighted by the assessments.

Defence of Contributory negligence as a defence for employers

If an accident or injury does occur at work, if the employer can prove that the employee was partially responsible for their own injury, then the employer may have a defence. This is called the defence of contributory negligence. This can be used in cases where the employee has failed to listen to the repeated warnings from their employer on potential health hazards. The amount of damages claimed will be based on the employees share of the liability for the accident.

Ayesha Salim , editor of the UK Lawyers Network, writes articles about solicitors, Personal injury Lawyer, work accident compensation claims, find a solicitor, legal, lawyer, law help advice, solicitors litigation

Article submitted Wednesday, November 11, 2009 & read 79 times.

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