Work Accidents

Workplace and industrial accidents and associated injuries unfortunately remain an everyday occurrence. In view of the large amount of time we spend at work or on business it is important that as much protection as possible is provided by employers to prevent or minimise accidents. It is also important that when they happen an employee who is injured is freely able to obtain the best possible legal advice and, if appropriate, pursue a claim for damages against their employer. These rights the law respects.

Accidents Statistics

It is difficult to make any useful comparisons between the figures for fatal and non-fatal accidents. The last published figures* indicated a 10% decrease in the figures for workplace fatalities over the previous year but it must be borne in mind that a high level of non-fatal injuries are not reported.

Case study

Lack of risk assessment and proper training by employers of their workforce, apart from possible criminal law sanctions, can have far-reaching consequences for employees.

Employer’s liability

An employer has a duty to ensure a safe workplace for employees as well as providing a safe system of work. Employees must be properly trained so they do not cause injury to others. Insurance must be carried to cover liability for accidents when they do arise.

Employee rights

If an employee or visitor has an accident in the workplace a claim for damages for personal injuries may result. Depending on the circumstances liability on the part of an employer may arise in various ways, perhaps by breach of his statutory obligations or breach of the common law duty of care in negligence, or both.

Health & safety

The Health and Safety at Work Act 1974 and related regulations contain much of the law concerning safety in the work place. Breaches may lead to criminal prosecution whether or not an injury is caused. Over one third of breaches lead to tripping and slipping accidents, the single most common cause of injuries at work.

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