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Employer Liability For an employer to be classed as being liable for an accident in the workplace it does not imply that the employing individual was directly responsible for that accident. "Employer Liability" is a general term used to describe the situation where the employing individual or company is liable to pay the compensation for the injuries. Even if you are injured by a fellow employee working for the same company the company you work for must pay the compensation due for any injuries that result from actions, or in-actions, committed by its workers. Legally, every person that employs another must have the correct insurance to cover any such eventualities. So, as with driving a car, the individuals do not have to bear the financial burden themselves - this is placed on the insurance company. An injury compensation claim does not always have to result from an accident where someone else is at fault. If improper training has been given to an employee which results in that employee injuring themselves, then the employer is also held liable in those circumstances. The most common is back injuries or hernias resulting from a lack of training in lifting heavy items. It is the duty of every firm that employs others to care for the health and safety of their employees at the place of work. If you are unsure as to whether you have a viable work injury claim then simply ask a solicitor, you will get a straight answer as to their opinion of whether you have a valid claim and what chances of success you have. Due to the amount of competition in this area of law you could probably get several such opinions from various firms and middle-man claims management companies without it costing you a penny. Sometimes the fault does lie directly with the employing firm such as in most cases of repetitive strain injuries. In such cases the employer is responsible for ensuring that the working practices within a job are safe to perform. Training an individual on how to lift does not negate liability if the employer requires that individual to lift items that are heavy enough to cause an injury. It is very rare these days for an employer to react badly to a compensation claim made by employees. Indeed, the risks of trying to intimidate a worker not to make a claim far outway the actual compensatory amounts awarded through their insurance. There are many acts in place to assist you, not only with making a claim, but protecting you should your employer not take kindly to you claiming - such as the discrimination or unfair dismissal acts. If you are experiencing difficulty in working with your employer toward making an employer liability claim then speak with one of our panel solicitors. Disclaimer: Although this site is updated from time to time the information provided may not reflect the current laws, procedures and/or facilities available to you. To ensure that you get the most up to date information make sure you consult an actual solicitor or other qualified legal advisor before pursuing any action. The articles on this site are for informational purposes only and are not intended to advise any particular action or inaction. Please read our terms of use for more information. |
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