Health and Safety – claims against employers

By Naser Akhtar on

It is vital that employers provide a safe working environment and adequate health and safety at work for their employees. Failure to do so can lead to accidents at work and potentially personal injury claims against employers.

Employers should make sure they properly assess and apply effective control measures to minimise the risk of injury to staff.  If suitable safe systems are in place, life-changing injuries can be avoided.

Employers’ responsibilities

The Health and Safety at Work etc Act 1974 is the main piece of legislation that governs employers’ responsibilities for health and safety. The Act places a duty on all employers “to ensure as far is reasonably practicable, the health, safety and welfare at work” of all their employees.

Those running businesses have a responsibility to develop safe methods of working and to provide the necessary information, instruction and training to their employees to ensure they understand the protocols.

Alongside this, the Act also requires the following provisions:

  • Safe operation and maintenance of the working environment, plant and systems
  • Maintenance of safe access and egress to the workplace
  • Safe use, handling and storage of dangerous substances
  • Adequate training of staff to ensure health and safety
  • Adequate welfare provision for staff at work.
Failure to comply

The Health and Safety Executive (HSE) enforces health and safety at work legislation. It also assists employers in providing advice and guidance on health and safety issues. 

Failure of employers to comply with the legislation can be a criminal offence and lead to an investigation, fine or even imprisonment. Not only that, but if an employee has had an accident at work as a result of the employer’s failure, they may be found to have been negligent. This leaves employers risking a personal injury claim against them by the injured employee.

Personal injury claims against employers

When an employee suffers injury as a result of his employer’s negligence, the employee is entitled to pursue a claim for his injury, loss of earnings and any other losses occurred as a result of the injury.

Employers cannot dismiss an employee for pursuing a claim for personal injury as result of an accident at work. Should an employee feel the risk of dismissal, our employment team can assist.

Speak to a specialist

We have specialist experience in acting for clients injured as a result of their employer’s negligence. If you have been injured and you are not sure if you have a personal injury claim, why not give us a call to check if your employer has complied with their duties.

Call us now on 0800 988 7756 to arrange a free, no obligation consultation with you about your options.

claims against employers