According to the Health and Safety Executive, the fatal injury rate to workers shows a downward trend, broadly in agreement with the pre-coronavirus levels. Some of the most common types of fatal accidents include but aren’t limited to falls from a height, being struck by a moving vehicle, contact with moving machinery, and being trapped by something collapsing/overturning. In the 2021/22 reporting year, according to self-reports from the Labour Force Survey, there were roughly 565,000 non-fatal occupational injuries, including slips, trips, and falls, handling, lifting or carrying, struck by a moving object, acts of violence, and falling from a height.
Every day, people are hurt to receive a paycheck. Some of the most dangerous jobs are firefighter, police officer, and warehouse worker, followed by chef, care worker, retail worker, taxi driver, and kitchen assistant. Personal injuries can occur within all professions, whether they’re deemed at risk or not. It’s the responsibility of the employer to protect the health, safety and welfare of employees and other people who might be affected by work activities. Nevertheless, despite precautions and safety gear, accidents at work still occur. Determining liability will depend on the case’s specifics, yet most incidents occur because someone was negligent.
The question now is: Who is liable for an accident at work? Well, let’s find out, shall we?
Typically, The Employer Can Be Held Responsible for An Accident at Work
As mentioned previously, under the law, all employers have a legal duty of care towards their workers, regardless of the number of employees they have or the environment they work in. If you suffer an on-the-job injury, you can recover compensation to aid recovery and cover your financial losses. The experts at How To Sue (https://www.how-to-sue.co.uk) can explain everything there is to know about the court system to protect your rights. No workplace will ever be completely free from risk, but the employer must make the workplace as safe as possible. They control the facility, the working conditions, and the hiring and training of new employees.
It’s possible to claim compensation if a co-worker was at fault for what happened because the employer is responsible for their actions. You can’t file a personal injury claim directly against your co-worker even if you’re injured due to their reckless or intentional conduct. In this situation, we’re dealing with vicarious liability, where the employer is liable for the wrongdoing of an employee, despite the fact they’ve done nothing wrong. The employer isn’t legally liable if they can prove they took reasonable steps to prevent the employee from undertaking such a negligent act.
If The Accident Was Your Fault, You Could Be Dismissed on The Grounds of Negligence
In some instances, an accident at work is the fault of the worker rather than the employer. More exactly, if the conduct was outside reasonable expectations of what an employee might do (e.g., substance abuse, partaking in alcohol consumption, choosing not to follow instructions), the employer is legally allowed to dismiss you because of negligence. If the work accident in question was partially your fault, you’re in luck because you can challenge the employer’s decision to dismiss you from the role. In other words, you can sue for unfair dismissal because it’s unfair if you’re rejected for an unfair reason.
What If a Third Party Was Involved?
A third party’s involvement in the accident at work can complicate matters and cause you to seek a different approach. Some of the most common causes of on-the-job injuries caused by third parties include but aren’t limited to car accidents, slips, trips, and falls, and accidents caused by defective machinery. Imagine the following situation: You work for a subcontractor and are injured at work. You can pursue the general contractor in a third-party lawsuit, as they’re responsible for safety on the job site. The damages won from the lawsuit will compensate you for the money lost due to the accident that caused your injury.
Let’s take another example. You’re driving to meet a client or running an errand for your boss. If you experienced a crash, but the accident wasn’t your fault, you can file a personal injury claim against the other driver. Compensation will help you cover lost income, treatment costs, and repairs to your vehicle. To win the lawsuit, you must prove the third party was negligent, i.e., they did something wrong or didn’t take the necessary steps to prevent your injury. Prove the driver failed to act with due care and attention and show the damage you allege was caused by their breach of duty so that the claim will be valued.
Not Being Represented by A Personal Injury Solicitor Is a Mistake
Not all accidents at work cases go to trial; most are resolved through settlements. The more thoroughly you build your case, the more likely it is you’ll reach an appropriate settlement. Get a copy of the health and safety incident report, have witness statements, prove pain and suffering, and prepare medical bills and documentation. No matter if you settle your claim or not, hire a personal injury solicitor; consult with a legal professional immediately after you’re injured. Not only will the solicitor protect your rights, but they’ll also ensure you get the compensation you’re entitled to.
Hiring a legal professional can be an intimidating task, so the process should start with thorough preparation. Even before you start searching for a solicitor, list as many details as possible about your case – describe the incident, mention what hardship the injury led to, and think about what you want to gain from the lawsuit. Most importantly, look for a personal injury solicitor that specialises in accidents at work, as they have experience in situations similar to yours. Attention must be paid to the fact that there’s a three-year limit to making a claim, meaning you’ll lose your right to file a lawsuit.
Conclusion
Determining liability in an accident at work isn’t always so simple, so it’s necessary to take into account all the factors. Trust your solicitor to be your voice during these difficult times.
