By Cat Grayson. Last Updated 11th May 2023. Were you injured as a direct result of dangerous working practices? Did your workplace fail to adequately apply a standard duty of care as described by the Health and Safety At Work etc Act 1974 HASAWA? Did hazardous conditions at work cause your injury? If so, you may be looking to find out whether you can make a personal injury claim following an accident at work. This guide covers who could be eligible to pursue a compensation claim.
The HASAWA legislation requires employers to do all reasonably practicable to reduce or remove risks and dangers in the workplace. A failure to properly apply necessary measures (resulting in causing you harm) may mean that your employer could be liable to pay you compensation.
Suffering an injury due to inadequate training, such as carrying out lifting without manual handling safety training, or a failure on the part of your employer to provide personal protective equipment (PPE) as required could mean you have grounds for a personal injury claim.
Whatever the precise nature of the accident and injury, if you feel that dangerous working practices were the root cause, you can speak to our team now for advice on starting a claim for compensation:
Select A Section
- A Guide On Claims For Injuries Caused By Dangerous Working Practices
- Do Employers Have To Provide Safe Working Conditions?
- How To Claim For Accidents Caused By Dangerous Working Practices
- Reporting Dangerous Working Practices
- What Could You Claim If Injured By Dangerous Working Practices
- Talk To Us About No Win No Fee Claims
Section 2 of the Health and Safety At Work etc Act 1974 asks employers to meet certain specific obligations to protect (as much as reasonably practicable) the well-being of their employees.
To comply with health and safety legislation, employers can:
- Maintain a safe workplace and environment as far as is reasonably practicable to prevent risk to health.
- Provide adequate training, supervision and personal protective equipment as required.
- Clearly display health and safety advice on posters
- Meet regularly with safety representatives to address any concerns about safety procedures
- Conduct regular risk assessments to detect issues before someone is hurt.
- Providing correct ventilation
- Following more detailed duty of care for issues such as working safely at heights or the correct procedure for working with hazardous chemicals and manual handling requirements.
An injury that happened because an employer knowingly allowed dangerous working practices might mean they are liable to pay you compensation. With this in mind, if you can demonstrate how your employer failed to properly apply their legal duty of care to you, speak to our team. They can offer free guidance on how to launch a claim.
If employers have any confusion over their obligations, the Health and Safety Executive (HSE) clearly details expectations in all industries. Providing a safe working environment is a core part of the Health and Safety At Work etc Act 1974, but there are limits to what an employer can be held directly responsible for. Not every accident at work is automatically a valid claim, so check with our team before you start.
You may even have a valid claim if you were partially responsible for the injuries. Speak to our team for free advice on the number above to understand how damages may still apply.
Your Right To A Safe Working Environment
All employees and even self-employed contractors have the right to expect that the workplace they enter is as safe and fit for purpose as reasonably as possible. Employers can achieve this by ensuring that they regularly risk assess the areas where people work. The supply of personal protective equipment (as needed) is also essential. Training should be offered also as and where required.
After falling victim to an accident caused by negligent, dangerous working practices, there are various steps to address the injury. Also, there are actions that you could consider to initiate a compensation claim.
- Firstly, have the injuries looked at by a medical professional.
- Ensure that the accident is recorded in the accident book
- Collect CCTV footage or photos of the area and the cause of the accident
- Obtain the registration number of any vehicle or machinery that caused the injury
- Ask any witnesses if they would be willing to provide a statement to a solicitor at a later date
- Consider working with a personal injury solicitor to start a claim.
It’s important to note that there is currently a three-year time limit to starting a personal injury claim. This time frame can start from the date of the injury itself or the time that you first became aware of the injuries caused. Our team can help clarify this point if you contact us.
As we have already mentioned, there is a three-year time limit for starting a claim for injuries caused by unsafe working practices, as outlined by the Limitation Act 1980. However, there are some exceptions to this time limit.
For claimants under the age of eighteen, the time limit is frozen until their eighteenth birthday. At any point while the time limit is frozen, a court-appointed litigation friend could make a claim on their behalf. Once they turn 18, they will have three years to start a claim if one has not already been made.
If the claimant lacks the mental capacity to claim for themselves, the time limit is suspended indefinitely. A litigation friend could make a claim on their behalf. Should they recover the capacity to claim, they will have 3 years to start a claim if one has not already been made.
To learn more about time limits in personal injury claims, contact our team of advisors today. Alternatively, read on to learn more about unsafe practice examples.
It is possible to report a health and safety issue direct to the HSE. In addition, you can speak to a union representative or a designated safety representative in your workplace. You can report the dangerous working practices to your supervisor, team leader or line manager.
Certain injuries or near misses will need to be recorded as per The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 RIDDOR. Not all injuries need to be reported this way.
After dangerous workplace practices result in causing you harm, there are two areas where it can be possible to assess compensation. General damages look at the medical evidence presented.
A personal injury solicitor can help arrange an independent medical to see the severity of the injury and future prognosis. Also, these general damage awards look at the overall impact on the person’s life and any loss of amenity caused.
Solicitors and lawyers then refer to documents like the Judicial College Guidelines, which list award bracket amounts. These amounts are not guaranteed. The excerpt shows:
|Area of Injury
|Severity & Award Bracket
|Very Severe – £282,010 to £403,990
|Can follow basic commands and need for constant personal care.
|Serious – £12,770 to £19,200
|Dislocated shoulder and nerve damage to the brachial plexus.
|Severe – £96,160 to £130,930
|Injuries that fall short of amputation but are serious enough to leave the person just as badly impacted.
|£6,080 to £10,350
|A fracture or soft tissue injury that takes longer than a year to heal but is complete or largely complete
|Up to £36,740
|Severe fractures to fingers that lead to partial amputation.
|Moderate (i) – £27,760 to £38,780
|Crush and compression injuries to the lumbar region causing constant pain and discomfort
|Severe (iii) – £39,170 to £52,500
|Fractured acetabulum that causes degenerative changes and instability, increasing the likelihood of hip replacement surgery
|Severe (ii) – £54,830 to £87,890
|Permanent mobility problems and the need for walking aids for the rest of the person’s life
|Moderate (i) – £14,840 to £26,190
|Torn cartilage, dislocations and torn meniscus that creates instability, weakness and wasting.
|Severe – £31,310 to £50,060
|Injuries that require a prolonged period in plaster or surgical pins.
As well as general damages, the financial impacts caused by injuries after dangerous working practices can be assessed. After an injury, it can be possible to be presented with a whole array of sudden and unwanted expenses. These might include:
- A sudden loss of earnings
- The possibility that you cannot return to work at all, creating long-term future money problems
- Physiotherapy costs and medical procedures that may not be freely available on the NHS, such as scar treatment, counselling or rehabilitation
- Adaptations needed to your home or vehicle to help with a new disability
- Prescription charges and travel costs to essential appointments.
With the correct documented evidence, such as receipts, statements and invoices, it can be possible to calculate an amount that forms part of your claim. Use our free compensation calculator to start now.
If you are considering a claim against a negligent employer for dangerous working practices that injured you, a No Win No Fee solicitor offering a Conditional Fee Agreement could help. It’s not a legal requirement to use the services of a personal injury solicitor to initiate a claim. But their insights and expertise can greatly help.
Solicitors offering agreements such as this do not need to be paid any fees upfront or while the case progresses. If the outcome is successful, a small and legally capped amount is deducted from the payout as the solicitor’s success fee. Should the claim not have a positive outcome, no success fee must be paid to the solicitors. Learn more right now by:
Read More About Claiming For Injuries Caused By Dangerous Working Practices:
- Here is a workplace injury claim checklist
- Read more about when you could claim for a workplace accident
- Could you make an injury claim if you are not an employee?
- The following resource offers more on preventing trips and slips at work
- The latest non-fatal accident at work statistics
- In conclusion, details from the government about health and safety at work.