Accidents in the workplace

More accidents happen at work than anywhere else. Almost half of all accidents happen in the workplace. It can often be difficult for employees to instigate claims if actual injury has been suffered. Employees are scared of possible "repercussions" if they involve the company in court proceedings.

These fears are groundless as employers are obliged by law to have insurance, which covers them if an employee suffers injury in the workplace. Action can be taken against employers who discriminate because employees are pursuing legitimate claims for accident compensation.

Not that there is a crossover between liability in negligence and the duties which have been imposed by law to cover specific accident situations (particularly Health and Safety regulations). There are also laws with which employers must comply with or risk criminal and civil prosecution cases.

Our advice is that the first practical thing to do if you suffer a work accident and you are going to be off work for a period of time, is to make sure you receive statutory sick pay. If you are still off work after six months, you can seek long-term invalidity or disablement benefit. Check any additional contractual payment which is available.

All accidents should be noted in the company's accident record book (required by law). If there is no company book, or if no-one has made a note of the incident then tell your employer in writing the full circumstances of the accident and details of the personal injury.

Can you make a claim? - you will have to prove that your employer has caused the injury through failure to take reasonable care (there are different legal standards required regarding subcontractors or visitors).

The company must provide a safe way to carry out work; safe premises; suitable materials and equipment; training courses and supervision; competent staff and so on.

The employer must ensure that you are able to carry out work in the safest way possible, regarding the equipment that you work with and the tasks involved. Typical standards within the industry can be used as a benchmark to assess whether the employer has done enough to avoid the injury or accident.

Work accident checklist

Firstly, make sure the accident is be noted in the company's accident record book (this is normally required by law for companies with more than ten employees). If there is not a company accident book, or if no other manager has made a note of the accident then you should inform your employer in writing of the full detailed circumstances of the accident and the details of the personal injury you have suffered as a result.

Do you have a possible case? You will need to prove that your employer has caused the injury through his failure to take reasonable care to prevent the injury happening in the first place – to you, the employee (there are different legal clauses regarding subcontractors or company visitors to workplaces).

This means that the employer must provide a safe way to carry out your work to avoid injury; completely safe and accident-free premises; suitable equipment; adequate supervision; competent staff training and so on.

Your employer must always ensure that you are able to carry out your work in the safest possible way, bearing in mind the precise type of work you do, the equipment that you use and your tasks. These facts are relevant to the possible accident claim, and standards within the employer's industry can be used as a benchmark to assess whether the company has done enough to avoid the accident.

If there are known accident dangers then it's the company's responsibilities and the employee needs to be advised of these dangers and must be trained in these tasks to avoid any incident eg if the job involves heavy lifting then employees must be advised on the safest way to lift, in order to prevent injury. Accident safety checks must be made regularly to demonstrate that all these methods are being fully adopted in the workplace.

Your employer must also make sure that the specific places where you work and the company premises are completely safe for their employees and subcontractors. One example of a very clear breach of this duty would be if the floors were wet or obstructed, so that staff could have an accident by falling over them, resulting in accidents. All companies are also responsible for the heating and ventilation of their offices and work premises, the efficiency of the lighting and even the eveness of the car park surfaces.

Your employer is also responsible for providing appropriate equipment to do your job, also the training on how to use the equipment, plus how to check it and maintain it, and how to use it correctly tby providing full and proper training and supervision to avoid accidents.

Company training should cover all the equipment that you use - from your chair to an electric drill or the wastebin. The employer always has full responsibility for all equipment and the way that you use it in the course of your work.

Your employer must also make sure that employees are competent in their jobs, and that they do not put others at risk by what their actions. When an employee injures another employee through failure to use their equipment properly, or they have a drug problem for example, then the company could be liable for dangerous actions and a number of potentially safety-related claims may be available.