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Injuries at work – The Law

Have you had an accident at work? Can you claim compensation?

An accident at work may occur as a result of human error.  Or it may occur due to faulty equipment; the condition of the premises or a poor working environment. The circumstances leading to an accident may not be deliberate but more often than not, the accident could have been avoided.

Your employer has a duty to make sure that your work premises and the way the work is managed and carried out is safe. This is a legal obligation as well as a moral one. Employers cannot predict or prevent absolutely every mishap, but they should be carrying out regular health and safety risk assessments and putting measures in place to limit the risks to employees and premises users. If they neglect their legal responsibilities, employers could be putting workers, customers and the general public in danger.  Worse, they could be putting lives at risk.

Common law duties of employers

Employers owe the employee a duty of care.

If the employer is in breach of their duty by act or omission and the foreseeable result of that breach is that the employee could suffer injury or loss, the employee may be entitled to recover compensation for the losses sustained.

So an employer owes a duty of care to each of their employees to take reasonable care to operate the business in a way that avoids exposing their employees to a reasonably foreseeable risk of physical injury. To comply with this the employer must:

  1. Select competent employees;
  2. Provide the necessary training, tools and materials;
  3. Provide a safe system of work, and supervision to ensure that the system works;
  4. Provide and maintain a safe place of work;
  5. Provide and maintain safe plant and machinery.

If an employee suffers an injury in circumstances where it can be proved that the employer failed to provide one or more of the above, it may be possible to make a claim.

The Personal Injury Team at Swain and Co Solicitors has a huge amount of experience in all types of Personal Injury claims and they regularly assist people who have suffered an accident, whether it is at work or in a public place. Swain and Co Solicitors are both passionate and compassionate about what we do and how we do it. We will deal with your claim in an efficient, effective and sympathetic way so that you receive the best service and compensation possible.

We offer our free advice in an approachable manner. If we consider that your claim has reasonable prospects of success, we can offer to fund your claim using a “No Win No Fee” arrangement where it is guaranteed that if you do not win an award of compensation, there will be no fee, giving you peace of mind right from the beginning of your claim.

Swain & Co Solicitors feel strongly that it is important to protect their client’s legal rights and give them the quickest and most efficient service throughout their case.

If you or someone you know has suffered an injury following an Accident, the Personal Injury Team at Swain & Co will ensure that you receive the compensation you deserve.

Call us today on 02392 483322 to ensure that you are fairly represented.

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