Employer Liability

Proving that your employer was at fault

A vital part of succeeding in claiming compensation after a work injury is to be able to prove that your employer was at fault for your accident. There are a number of different ways your employer can be responsible, which are discussed below.

• Your employer's negligence is the most common proof the employer's responsibility for an accident at work. If they fail to provide you with proper training or appropriate protective equipment they will be seen as negligent and thus be legally responsible for your injury.
• If your employer fails to abide by the health and safety laws and you suffer an injury as a result, they will again be responsible. The same applies if they do not carry out a risk assessment prior to any accident.
• Your employer will also be responsible for any injuries that may occur whilst manually handling items at work. The Manual Handling Operations Regulations 1992 act sets out your employer's obligations for your manual handling and provides a guide on how to safely handle items at work. If they do not provide this information and you get injured in this way, they will be responsible.
• Your employment contract will also give numerous details of the jobs and any advice when carrying out procedures in the work place so if you suffer an injury due to bad or non existent advice your employers will also be responsible.
• Your employer also has a liability to maintain there are no hazards that may cause injury such as exposed chemicals of a spillage on the floor.