By: evelyn | Date: 2021-07-08
Workplace accidents need immediate action and you should never make the mistake of ignoring them. Even a minor accident can lead to certain complexities if not taken seriously. But there is one question: who is to blame for an accident at work. Who is responsible for it? Is your employer responsible for an accident at work? Or is it the worker who is liable for it?
That’s what this post is about. We will have a look at each one of these questions. We will have a look at when an employer is responsible for the accident and an employee is. After that, we will also know what makes an employee eligible for accident at work claims. So let’s get started from scratch.
Answering this question isn’t simple. You can’t simple]y say that an employee is responsible or an employer is. There are a lot of things that need to be considered. Without considering them, you can never judge who is to blame for an injury at work. First, we will need to have a look at the accident at work employers’ responsibilities.
There are certain responsibilities on account of an employer that they are bound to fulfil. Showing negligence in these responsibilities can have unwanted consequences. So let’s first know about the responsibilities of an employer to avoid an injury at work. After that, we will let you know how they are linked to determining who is at fault for an accident at work.
According to the rules and regulations of the UK, employers are bound to have proper maintenance of their plant and machinery. This is to ensure that there is no potential hazard in working at the workplace. Employers should make sure that all the machinery is in perfect condition. Regular inspection of machines should be conducted so that workers shouldn’t work with faulty machinery.
There have been a lot of workplace accidents where workers were unknowingly working with a faulty piece of equipment. So it’s better to properly maintain all the equipment to avoid any unwanted consequences.
One of the main reasons why workplace accidents happen is because of an incompetent worker. But it also comes to the employer. There are two possibilities: hire trained people or train existing workers.
Employers are bound to provide their employees with proper training to use a piece of equipment. For example, you are an employer and you have bought new machinery for your business. Now, it’s your duty to train your workers before you ask them to use this machinery.
It is also a responsibility of an employer to equip their workers with the right tools to work. This must be done to ensure that you avoid any manual handling injuries at work. Workers often have to lift heavy things without any additional support that can lead to back or spinal injury. (read more about work-related back injury settlements).
Similarly, there can be some other types of injuries as well. To avoid an accident at work, it's the employer's responsibility to provide their workers with the right tools and equipment to avoid an injury at work.
Besides maintaining the machinery, a workplace should also be properly cleaned. It’s equally important. Sometimes, dirty workplaces can lead to slip, trip and fall accidents in the workplace. For instance, if you have a garage then it’s pretty common to have oil spilt on the floor.
It can cause an accident that can lead to broken bones (read more about broken bones comp in the UK). Hence, employers have a responsibility to properly clean their workplace to avoid potential workplace hazards.
This one is especially important for those who have sensitive equipment to handle. Laboratories, glass factories, construction sites and other types of sensitive workplaces have a higher risk of getting their workers injured than other types of industries. For instance, a worker may get cuts and lacerations from glass or get hit in the head (read more about workers comp settlement amounts for head injury).
Similarly, a worker working in a lab may burn their hand at work. Click here to know more about chemical burn compensation amounts.
A lot of workers get injured at work during the transportation of goods from one place to another. It primarily happens because of inadequate transportation facilities in the workplace. In some cases, these injuries can get severe.
To avoid them, it is the employer’s duty to ensure the safety of their workers by providing them with proper transportation and storage facilities. An employer should ensure that the workers don’t get injured while handling, transporting or storing goods.
Now, let’s get back to the main question: who is to blame for a workplace accident. The rules are pretty simple. If the employer was not performing their duties properly and an accident at work happens, it is the fault of the employer.
If an employee was showing negligence in adopting health and safety guidelines, it may lead to an accident. If this is the case, the employee is responsible for the accident. In this situation, it is highly unlikely that an employee may not get an injury at work claim.
As mentioned earlier, when an employer doesn’t fulfil their duties and it leads to an accident, then the employer may be at fault. Now, let us have a look at a few instances which indicate that an employer is responsible for your injury at work.
These are just a few scenarios where an employer may be liable for a workplace accident. There are more examples as well.
An employer isn’t always at fault for the accident. Workers can be negligent as well. Let’s have a look at a few instances where an employee can also be at fault for an accident at work.
These are a few examples where a worker may get injured and get nothing as a work accident compensation. It’s because the worker is at fault here.
Yes, there are certain conditions where a worker may be partially negligent for the accident while the employer may also be liable for it. They normally happen when both are negligent about safety. If the employer isn’t fulfilling their duties and the worker is also ignorant of their duties, it can lead to an accident.
In this case, the liability of the accident is split between both parties. Hence, the worker may still be able to make a workplace accident claim against the employer. But in this case, the compensation money will be reduced depending on the fault of the worker. For instance, if the worker is 25% responsible for the accident, then the compensation money will be reduced by 25% of what the worker could get if he was not partially at fault.
Such cases are complex and often difficult to handle. Hence, you should hire experts who can deal on your behalf. If you are also partly at fault for the accident and confused about whether you are eligible to claim compensation or not, feel free to contact our experts for FREE.
We have provided you with a complete guide about how you can determine who is at fault for the accident. From the faults of the employer to the negligence of employees, we covered every possible scenario.
However, determining the responsibility of the accident is far more complex than this. There are still a lot of factors that are needed to be taken into consideration when deciding this. That’s why you should discuss your case with experts.
Lawswood Claims is providing FREE initial consultation services where our expert injury claim specialists will analyse your case from every possible angle and let you know whether you can claim or not. If you are, then how much compensation you can expect. We can also help you claim compensation on a No Win No Fee basis. So get in touch with us to get your compensation money.
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