Being involved in any accident can cause huge amounts of distress, both physically and emotionally, especially if it was caused through no fault of your own. Depending on your injury, you could suffer from long-lasting pain, leading to discomfort and extended time off work. This could result in loss of earnings and severely impact your lifestyle.
If you’re suffering from any of these factors due to an injury caused by a lack of duty of care, there are solutions that could help navigate your complex circumstances. But it’s important to know the legalities around making a claim.
We’ll take a look at what duty of care means and the issues surrounding employers’ responsibilities, as well as providing an overview of processes involved when making a claim.
Duty of care
Understanding what this means will help you work out whether you’re eligible to make a personal injury claim. All businesses and places of work must ensure employees and people associated with the company are protected from harm, injury and emotional stress. Duty of care can be breached when an employer or business fails to safeguard in any of these ways. If a breach results in injury or mental health issues, an employer could be held responsible for negligence.
What are an employer’s health and safety responsibilities?
Every employer, however small the business, must act to protect staff from anything that could cause harm. Risks vary across industries, but each workplace must carry out an appropriate risk assessment and put steps in place to manage these risks.
Examples include providing the correct personal protective clothing, removing or reducing slip and trip hazards and adequately maintaining any work equipment or machinery. Employers are also responsible for training their staff on all aspects of health and safety in the workplace.
Claiming for a breach of duty of care
Anyone in the UK has a right to claim but there are some things you should be aware of. Making a claim can sometimes be costly, though there are ways to get help for this including through a fee agreement with a solicitor or through an existing insurance policy.
There is usually a time limit on making a claim and, in the case of personal injury, this is three years from when you first suffered.
You’ll also need to provide evidence of your injury and the cause as well as any documentation such as police reports and witness statements. Additionally, you’ll need to give evidence of any loss of earnings or expenses incurred due to your injury.
Even if you think your claim is straightforward, it’s important to always get legal advice if you’re considering claiming for a personal injury or you’re unsure if you have a case.