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Understanding workplace liability

When an accident happens at work, there is often confusion about the extent to which the employer is liable for the injuries sustained by the employee. Every case is different, but an understanding of the law can help both parties understand each other’s’ responsibilities and liabilities.

Employers’ duty of care

Under the Health and Safety Act 1974, every employer has a duty of care to protect the health and safety of their employees.

Additional requirements were placed upon employers with the following regulations:

• Personal Protective Equipment at Work Regulations 1992
• Provision and Use of Work Equipment Regulations 1998
• Workplace (Health, Safety and Welfare) Regulations 1992

The Employers’ Liability (Compulsory Insurance) Act 1969 also made it compulsory for most employers to insure against liability for injury or disease to their employees arising out of their employment.

As a result of the above legislation, wherever possible, employers should take steps to minimise risk and protect the safety and welfare of employees. In simple practical terms, this may include conducting risk assessments, providing adequate training, providing safety equipment, maintaining this equipment, and ensuring compliance with safe working practices.

It also means taking reasonable care to ensure an employee’s working conditions do not pose a threat to their health and safety.

Employers are required to appoint one competent person who will be responsible for health and safety, and ensure compliance with health and safety procedures.

Industrial injuries

When accidents at work happen, employees may be eligible to make a claim for compensation from their employer if they can prove the employer has not taken adequate steps to safeguard their safety and welfare.

In Britain, there were 26,000 major injuries at work in 2010/11, according to the Health and Safety Executive (HSE).

The HSE’s statistics show that the highest frequency of injuries were sustained on construction and building sites, factories, warehouses and storage facilities, transport depots and manufacturing plants.

A large number of workplace injuries also occurred in offices, kitchens, schools, colleges and universities.

Many of these injuries resulted in claims for compensation, with the employer being found to be negligent and/or in breach of a statutory duty.

Accidents that result in claims

The accidents that have resulted in claims for compensation include:

• Injuries caused by defective or dangerous machinery
• Slips or trips on debris or dangerous surfaces
• Injuries involving lifting or manual handling
• Diseases caused by working with asbestos
• Industrial deafness
• Industrial bronchitis and emphysema
• Occupational asthma
• Pneumoconiosis and silicosis
• Tenosynovitis and tendonitis
• Vibration White Finger (VWF), also known as hand-arm vibration syndrome (HAVS)
• Dermatitis
• Chemical injuries

However, this is not an exclusive list and employers’ responsibilities extend to all types of injuries or illnesses that may be caused as a result of their failure to take reasonable steps to ensure their employees’ safety and welfare.

More information

For more information about the health and safety requirements of all employers, visit the HSE’s website or consult a specialist solicitor.

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