The legal basis for bringing a claim for compensation following an accident at work is very straightforward – All employers have a legal duty under the common law to take reasonable care for the safety of their employees. If a failure to meet that duty results in an accident, the injured worker is likely to have grounds to pursue a claim.
But behind that simple duty of care lies a complex series of regulations designed to ensure safety in the workplace, collectively referred to as the “workplace regulations”. Links to the various regulations appear at the end of this article. There are general regulations designed to ensure safe practice across all workplaces, and covering things like risk assessments, the provision of suitable training and suitable equipment. Other regulations are designed to target specific risks, such as working at height, manual handling (any kind of lifting), working at computer screens, or working with hazardous substances.
When the Health & Safety at Work Act 1974 was first brought into force an injured worker was almost certain to succeed in a claim if they could show that their accident involved a breach of the workplace regulations.
Unfortunately, the status of the workplace regulations has been something of a political football for many years, and the Enterprise & Regulatory Reform Act 2013 changed the law. The effect of this change was that a breach of the workplace regulations on its own can no longer be regarded as sufficient evidence to succeed in a claim for compensation.
A cynic might say that this change represented the government falling under the influence of the powerful insurance industry lobby. And remember, the government’s interests often align closely with insurers because in any workplace injury claim involving public workers it’s the government that picks up the tab.
But here’s the thing – even though a breach of the workplace regulation no longer guarantees success in a claim, it still stands as very persuasive evidence of an employer’s failure to take reasonable care for the safety of workers. It would be a very brave insurer indeed that defended a claim by an injured worker where there were clear breaches of these important regulations.
What this means for injured workers is that when choosing a solicitor to represent them in a claim following an accident at work, it’s essential to choose one who has extensive knowledge and experience of the workplace regulations.
Our personal injury team at Farleys have been dealing with serious workplace accident cases for many years and we are always available for a free initial chat if you or a friend needs to discuss a potential case. Contact us today on 0845 287 0939, get in touch by email, or use the online chat below.
The Regulations:
The Management of Health and Safety at Work Regulations 1999
The Workplace (Health, Safety and Welfare) Regulations 1992
The Manual Handling Operations Regulations 1992
The Work at Height Regulations 2005
The Control of Substances Hazardous to Health Regulations 2002
Provision and Use of Work Equipment Regulations (Northern Ireland) 1999
The Health and Safety (Display Screen Equipment) Regulations 1992
The Personal Protective Equipment at Work Regulations 1992