Accidents at Work, Employers liability claim
Covering London and UK

Accidents at work happen for various reasons. Perhaps equipment/machinery was faulty or a floor was wet, slippery or greasy. Maybe insufficient or no training was given, such as correct lifting of materials.

Increasingly, in this country, we are seeing a steady rise in the number of Stress Related Illness claims and many of these arise as a result of Stress at Work. In some circumstances, an employers liability claim can be made if it can be proved that your employer is the cause of the stress and that the employer has been made aware of stress related problems but has not acted on the information, resulting in a deterioration of an employee's health.

Here are some examples of some accidents that might occur in the workplace.

Example: Injury and Employers Liability Claim at a Nursing Home

Miss A was employed carer in a nursing home and had been fully trained on health and safety matters including manual lifting, etc. One day, she was helping a patient into a bath with the aid of an assistant when the assistant was distracted from her duties and let go of the patient. Miss A tried to hold the patient who fell into the bath and banged her head. At the same time, Miss A felt a ‘snapping’ in her back and could not stand up straight. Both were seen by a doctor who confirmed the injuries were as a result of the accident at work. The patient recovered but due to her age, recovery was slow. Miss A could not work for 3 months and then returned on light duties only with a prognosis that her back might never be 100% recovered. The nursing home decided that she could not carry out her duties and she left their employment. Both injured parties were able to make an employers liability claim for compensation against the Nursing Home.

Example: Employee Receives Substantial Compensation following Accident at Work

Mr A was a contractor for an electrical firm. He was working on a customer’s site when he was running cables through an overhead duct whilst on a low scaffolding tower. The wheels had wheel locks but these did not work properly. Without warning, the tower moved one way and Mr A fell to the ground, twisting and breaking his ankle in the frame as he fell. Unable to move, he was carried by colleagues and taken to A & E at the local hospital The accident was recorded in the accident book and the incident reported to the main contractor.

The main contractor had insurance against such accidents but was very unhappy about a claim being made. He advised Mr A that he would not receive any further work if he ‘caused trouble’. Mr A was concerned about this and decided he would not claim. He received no apology from the main contractor and when Mr A was still unfit for work after 3 months, the contractor decided he would no longer employ him anyway.

Mr A reviewed his decision about making a claim and after a discussion with a solicitor, decided to go ahead and claim for compensation for the injury and loss of earnings and potential damage to his career prospects. With the evidence in the accident book and with statements from the witnesses (colleagues who had rescued him), he was successful in obtaining substantial compensation following his employers liability claim. An added bonus was that the Health & Safety authorities ensured that the main contractor made substantial improvements to site safety to the benefit of all employees, reducing the risk of further accidents at work.

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Accidents at Work, Employers Liability Claim, London, UK