For over a century, the law had allowed employees to claim compensation for personal injury and financial losses as a result of their employers breaching or failing to meet what are called their statutory duties. These duties are set out in various acts of parliament and other legislation. It used to be the case that if your employer was in breach of one of these duties and you suffered an injury as a result then you had a claim.
This position was changed by the Enterprise and Regulatory Reform Act 2013. Employees now have to prove that their employers were negligent or use legislation that existed before the Health and Safety at Work Act 1974 was introduced. It is no longer enough for employees to show that their employer has simply breached a statutory duty.
To prove negligence, an employee must prove:
- Their employer owed them a duty of care;
- Their employer breached that duty of care;
- There was a foreseeable risk of injury.
How to improve your chances of bringing a successful case
If you have had an accident at work, it is more important than ever to gather and preserve evidence that will help with any claim. If you have an accident at work then try to ensure that you:
- Report the accident to a supervisor or manager and make sure an entry is put in your employer’s accident book.
- Take photographs of the accident location and any visible injuries.
- Seek medical attention as soon as possible.
- Speak to any colleagues who may have witnessed the accident to see if they are able to support your version of events.
- Keep any receipts in respect of any expenses you may have incurred as a result of the accident.
- Keep a diary of events including how your injuries are progressing.
If you believe your employer was at fault for your accident and would like some free advice from one of our specialist Personal Injury lawyers, please call us on 01932 234500. We can offer ‘no win, no fee’ in appropriate cases.