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Pinning the Blame on Your Employer

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.

Finding someone else to blame

Even if you get injured in a work accident due to your own carelessness, you can still make a claim for compensation. It is important to know what injuries you can claim for and what will reduce your compensation.

Firstly the employer must take all the steps they can to ensure your safety, so the employer simply saying that you were aware of the dangers and have been trained may not suffice.

How much the compensation is varies depending on the accident. In some cases you may be so careless that the accident was entirely your fault. This carelessness is known as 'contributory negligence' and will reduce your compensation. It is important to know that however careless you may be, you are likely to still be entitled to make a claim and be rewarded as the health and safety laws are designed to protect you.

Although it is rare, it is very important to know that if you consent to the risk of injury your employer will not be responsible for paying out any compensation. Such is your protection from the UK law, there is still a chance you will be found as a matter of law to have truly consented to the risks at work. If you are alleged to have consented to the risks of your injuries by your employer, it is still recommended you make a claim as you are likely to rewarded compensation.