Legally Speaking with Ashlton KCJ

The workplace can be dangerous.

Statistics show that between 2013/14 an estimated 629,000 workers had an accident at work, with over 203,000 resulting in more than three days absence from work.

Whilst accidents at work have reduced substantially over the last ten years, it is no less important for employers to remain vigilant and ensure that action is taken to protect their employees from harm or injury in the workplace.

Injuries at work not only lead to potential claims from employees but also to an absence from work, which is likely to result in a financial cost to the company, whether through defending or settling a claim or from loss of workforce productivity.

Therefore, the message remains clear - it is in an employer’s best interests to understand the responsibilities and duties which they owe to their employees to prevent them from coming to harm.

An employer is under both a common law and statutory duty to take ‘reasonable care’ of its employees’ health and safety. The standard of ‘reasonable care’ requires an employer to assess the potential risk of injury against the harm it would cause its employees and the cost of putting safety precautions in place.

If you are unfortunate enough to be injured at work, remember to report it immediately and ensure a formal note of the incident is made in the accident book. You should also take names and addresses of witnesses and take photographs of the area where the accident happened.

It is also important to seek specialist legal advice as soon as possible after the incident so the facts are fresh in your mind.

What you can claim for will depend on the injury and its future implications on your life, but your claim might include compensation for the injury itself, loss of earnings (including overtime), the cost of paying someone else to do things that you normally do such as housework and gardening and the loss of enjoyment suffered as a result of not being able to the do the things you enjoy in life.

Richard Foyster of Ashton KCJ’s Injury Services said: “Unfortunately, there will always be people who are injured in the workplace. In some cases the issue of blame may not be obvious and time is of the essence. To help us to help you, it is important that legal advice is sought sooner rather than later. In short, make that phone call.”

Richard Foyster

Partner

T: 01473 261371

E: richard.foyster@ashtonkcj.co.uk