As An Employer How Can I Avoid Being Liable For Personal Injury Claims?

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As An Employer How Can I Avoid Being Liable For Personal Injury Claims

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All employers have a legal obligation to ensure the safety and wellbeing of their staff at work, when they are on your premises and also when they are outside of your premises (for example if their job requires them to travel).

If you do not satisfy this obligation then you will be liable for any personal injuries that your staff may suffer, as a result of your failure to comply. You may even end up being sued in a personal injury claim. There are variety of situations in which an employer can be liable for personal injury. The most common include:

Slips and trips

Faulty or badly maintained equipment

Failure to provide appropriate first response equipment

Failure to warn employees of risks which were known to the employer but which the employee would not necessary be aware of

There are a number of steps which you can take to try and limit the possibility that you will be found guilty of negligence if an accident occurs:

Limit access to particularly dangerous areas, such as factory floors and workshops;

Ensure that all hazards and dangers are properly highlighted and signposted with warning signs;

Ensure that electrical and gas installations and appliances are regularly checked for conformity to legal standards;

Ensure that appropriate hazard response equipment is available. For example, fire extinguishers, fire blankets, first aid kits and facilities for contacting emergency services;

Make sure that floors are kept free of trip and slip hazards. Any hazards, such as slippery floors or loose carpet tiles should be marked with a warning sign or black and yellow hazard tape;

Ensure that you have policies in place covering health and safety, reporting of accidents and hazards so that you can demonstrate you have made employees aware of how to raise concerns that they may have;

Regular risk assessments on all locations in which staff will be working and in relation to specific job functions and activities. If any particular hazardous equipment is being used, a separate and specific risk assessment should be completed. You should complete risk assessments even for minor or unlikely hazards so that you can demonstrate that you have taken your obligations seriously and have made a reasonable and rational decision that no further avoidance steps were necessary;

Even if you have taken extreme care to guard against accidents, they can still occur and because of the ready availability of no-win, no-fee personal injury lawyers, it is very likely that an injured employee will consider a claim. In these circumstances you may need the services of a solicitor yourself.

Before your employee can take a personal injury case to court, they will need to send you a letter of claim explaining the circumstances of the accident and why they/or their solicitor believe that you are at fault and should pay compensation. You must be allowed an opportunity to respond to this letter of claim and if you have a strong defence, your solicitors may be able to convince your employee and their legal advisor that they are unlikely to win the case. In these circumstances your employee may be willing to accept a much smaller out of court settlement, or their solicitors may advise him not to proceed with the claim at all.

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