Proving your employer’s negligence in the workplace may seem like a daunting and challenging task. You may worry that you’re about to tarnish your existing relationship with your employer, or commit some form of career suicide. However, if you have been in a workplace incident as a result of your employer’s wrongdoing, you should be entitled to some form of compensation.
In the UK, employers have a strict duty of care when it comes to their employees. One of their primary objectives should always be the safety and well-being of their employees. If they are failing in this regard, they should expect some form of ramifications.
It’s one thing to know about your employer’s neglect, but proving it is another matter entirely. In order for any workplace claim to be successful, the claimant must be able to prove that their employer breached their duty of care or was negligent in some form.
If you or someone you know has experienced an issue due to your employer’s negligence and is unsure how to proceed, there is no need to worry. We can help prove your employer’s negligence in a workplace claim.
What Is Employer Negligence?
Before delving into the details of proving an employer’s negligence, we first want to establish the different types of employer wrongdoing.
Inadequate Risk Assessments
One of the most common forms of employer negligence revolves around the employer failing to carry out sufficient risk assessments, which then leads to injury or illness.
Failing To Maintain a Safe Working Environment
Employers are responsible for maintaining a clean and safe workplace. If poor conditions (such as missed waste collection due to an admin error) cause injury or illness, it may be considered negligence, even if the error was accidental.
Insufficient Training Methods
Poor or insufficient training methods can do more than just harm your performance at work; they can be seen as a form of employer negligence. If an untrained employee becomes injured or ill after performing their duties or using specialist equipment they were not properly trained on, they have the right to pursue compensation.
Irresponsible Recruitment Practices
Negligence in the workplace can start before employees even enter the workforce. An employer could be accused of negligence if they fail to properly screen and hire candidates, and a candidate’s presence subsequently results in an injury or illness. For example, a candidate who has a history of violence or radical views could impact other workers in the company.
Criteria For Proving Negligence
Some of the key elements and criteria when it comes to proving employer negligence include:
Duty of Care
You may or may not know it, but your employer has a duty of care to ensure the health, welfare, and safety of all employees. This is outlined in the Health and Safety at Work Act 1974.
Breach of Duty
This happens when an employer fails to comply with their duty of care. This might be something as simple as not cleaning up a spillage quickly.
Causation
You need to be able to demonstrate a direct link between your employer’s negligence and the injury you suffered.
What Are Some Examples of Employer Negligence?
Examples of instances where your employer may be negligent include:
- Slip or falls caused by an unmarked wet floor.
- Defective machinery that was not reported, repaired, or replaced, which causes an injury or worse.
- Uncollected waste (due to admin errors) leading to illness.
- Lack of PPE provided in hazardous environments.
- When training was found to be insufficient, it resulted in an injury or other incident. For example, your employer may provide training on operating machinery that turns out to be incorrect, resulting in an accident.
While all of the above could be seen as examples of employer negligence, they are by no means the only circumstances of negligence. If you are unsure if you or someone you know has suffered as a byproduct of employer negligence, then you should seek legal advice.
Gathering Evidence
Now, we have a good understanding of how to identify employer negligence, what is some of the evidence you can use to prove your employer’s wrongdoing?
Accident Reports
One of the most vital pieces of evidence you can obtain in a workplace claim is accident or incident reports. Employers should provide some kind of logbook for employees to log incidents.
Witness Statements
Witness statements are another quintessential piece of evidence that can be used to prove an employer’s wrongdoing. While it may be challenging, try to gather statements from key witnesses (either by yourself or by getting someone you trust to do it for you).
Medical Documentation
If the incident resulted in some form of medical record or documentation, you should obtain this, as it will be a valuable piece of evidence in your workplace claim.
CCTV
Most workplaces have some form of CCTV or camera monitoring system. If the incident was caught on camera, you should obtain that footage.
Pictures
If you can’t acquire footage of the incident, you should be able to take pictures of key elements of the incident. Whether your pictures showcase the aftermath of the incident or particular points of interest, you should always try to obtain pictures in some form.
Risk Assessments
You should be able to request risk assessments carried out by your employer. These can be used to review whether they have carried out the correct procedures. Risk assessments are vital for proving if your employer failed to adequately address any potential hazards.
Training Records
Ensuring sufficient training was carried out is essential, so you should request access to the training material distributed to employees. This helps in determining if the training was partly to blame and, therefore, was an example of your employer’s negligence.
Expert Opinions
You may also wish to consider consulting with an independent engineer or medical professional who can provide expert opinions on the cause of the accident or the nature of your injuries.
Contact The Claims Partnership For Workplace Claims
If you have been involved in a workplace incident, it is paramount that you seek expert legal advice. Sound legal advice can help you ensure your claim is set up to be simple and successful. At the Claims Partnership, we have years of experience in dealing with a variety of workplace incidents, from accidents to assaults and more. If you require expert legal assistance, be sure to contact us today. We are sure we can help you.