Accident at Work
We are experts in accidents at work claims. We have handled thousands of such claims. To see if you have a claim for an accident or injury at work please contact us for a free, no-obligations, consultation. You will speak with a fully qualified solicitor who will be able to assess whether you have a claim and advise you accordingly.
As an employee you have certain rights and protections whilst at work. Employers have a ‘duty of care’ towards employees. If you’ve been injured at work and it was not your fault and was a as a result of your employer’s negligence, or breach of a Statutory Duty, you may be entitled to compensation. Being injured in an accident is a significant life event which can impact on you physically, financially and emotionally. The working environment can be a dangerous one; some are more dangerous than others, but all can pose a risk of serious injury if not run or managed properly. All employers are required by law to take steps to ensure their environment is safe and the risk of an accident at work is minimal. If the regulations and requirements are not met and you are injured as a result of something your employers did or didn’t do you may be entitled to claim compensation.
Liability for Accidents at work:
What is an Employers Liability Accident at work claim?
Is a claim where the accident has taken place at work or in the course of the clients work. Every employer has a duty to provide their employees with a safe pace of work and a safe system of work. Breach of this duty may result in a successful claim against the employer.
Who is an employee?
The first question to ask is the client an employee of the potential Defendant. If the answer is no there may still be a claim but under the Occupiers Liability Act or Common Law Negligence.
The question of the clients status as employee or self-employed is not always obvious. We apply the tests developed by the court and ask the client various questions to ascertain their employment status:
- Who has control over the client; who issues them with their orders/instructions?
- Were they introduced to the potential Defendants via an agency?
- Who pays their wage; the Defendants or the agency?
- Do they deem themselves to be self-employed?
We consider each injured persons individual circumstance on the facts.
If it is decided that the injured person is an employee the employer owes to them a duty of care. The duty owed by an employer to an employee can arise through common law negligence and or breach of statutory duty of the employer, their servants or agents. This means that your employer can be held responsible for the actions or inactions of third parties such as fellow employees (Vicarious liability).
Under the common law of negligence an employer owes a duty of care to his employees this has been defined as the duty to provide a safe place of work and effective supervision, a safe system of work, with safe plant, tools and materials and competent staff with whom to work.
Do I have a claim for an accident or injury at work?
To find out whether you have a claim for an accident or injury at work please contact Lofthouse Mark now and you will be given a free, confidential, no-obligations consultation with a fully qualified solicitor who will give you an initial assessment of your situation.
To book your free consultation please phone Lofthouse Mark on 01947 881 141, or email Victoria Mark, or use the contact form on the right.