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Accidents at work – when is it not your fault?
If you have suffered an accident at work which wasn’t your fault, you will be entitled to claim compensation for any injuries you have sustained.
But how do you know if it was your fault? If you’re not sure, you can get a professional opinion by calling the National Accident Helpline. Below is some information on of the things which might be taken into account when deciding who was responsible for an accident. |
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The Health and Safety at Work Act
The Health and Safety at Work Act, 1974 (HSWA), established the current rights and responsibilities of both employers and employees when it comes to health and safety in the workplace.
It explains that employees must take reasonable care for their own health and safety. Meanwhile, employers have a ‘duty of care’ to ensure the health and safety of their employees.
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Employer Duties
Employers have a number of important duties towards their staff, including making the workplace safe and preventing risks to health, providing adequate first aid facilities and setting up emergency plans.
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Who’s to blame?
If an accident at work was not your fault, that is, if you took a reasonable amount of care but still became injured following an accident, your employer will almost always be liable.
Even if the accident was due to faulty equipment supplied by an outside company, it is your employer’s duty to check and maintain all such equipment, as well as to provide adequate training on how to use it, so the responsibility would still lie with your employer.
If the accident was caused by a fellow employee, your employer will still usually be liable. One of the main exceptions to this rule is in the case of assault by another employee.
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Claiming against an employer
You should not be afraid to claim compensation if your employer is responsible for your accident. Work accidents are common, and your employer will have insurance to cover the cost of the compensation.
Victimisation of an employee following a claim is rare, and in the cases that it does occur, there are separate laws protecting employees against harassment, bullying and unfair dismissal.
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Preventing unsafe conditions at work
If you are being asked to do work which is unsafe, you are legally entitled to refuse to do it without being threatened with disciplinary action. If you are dismissed for refusing to carry out unsafe work, you could be able to claim unfair dismissal at an Employment Tribunal.
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If your employer continues unsafe practices
If you believe your employer is failing in some way to meet their health and safety responsibilities, your first port of call should be to talk to them in person. Your trade union official or safety representative may be able to help you with this if necessary.
If you feel your concerns are not being handled effectively, you may, as a last resort, need to report your employer environmental health department of your local authority, or to the Health and Safety Executive (HSE).
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