Employers’ Liability

What Is Employers’ Liability?

An employers’ liability claim is when an employee makes a personal injury claim against an employer for a work-related accident, injury, or illness.

All employers have a duty of care towards their employees. Hence, to make an employers’ liability claim, an employee will have to prove that their employer breached their duty of care towards the employee. As a result of this breach of duty, it has caused the employee to suffer an injury or illness.

How To Prove That The Employer Has Breached Their Duty Of Care?

To prove that your employer has breached their duty of care, you will have to show that your employer did not take the necessary and reasonable steps to safeguard your health and safety.

This is a non-exhaustive list of examples where an employer is in breach of their duty of care include:

  1. The employers’ failure to provide adequate training and/or supervision
  2. The employers’ failure to provide you with appropriate protective equipment
  3. The employers’ failure to provide you with safe machinery and equipment to be used
  4. The employers’ failure to implement and adhere to appropriate health and safety regulations.

It is important to be able to prove that there is a direct causal link between your injuries and the alleged incident.

Non-Exhaustive List Of Examples Of Employers’ Liability Claim:

  1. Handling and lifting heavy objects
  2. Falls or other accidents when working at height
  3. Slips, trips, and falls
  4. Industrial diseases
  5. Chemical injuries
  6. Accidents on construction sites
  7. Electronic shocks

Will I Lose My Job If I Bring An Employers’ Liability Claim Against My Employer?

Many people feel uncomfortable with the idea of making a claim against their employer. However, all employers in England and Wales are legally prohibited from treating a staff member any differently because of making a claim against their employer.

Limitation Period

The law for bringing a claim against your employer is 3 years from the date of the accident or from the date of knowledge that your injuries suffered were due to the negligence of your employer.

It is vitally important to not miss the limitation period as you may be statute barred from ever bringing the claim against your employer.

Need Help?

Here at Law Lane Solicitors, we have the experience and expertise to advise you on your personal injury claim. If you would like to speak to one of our Personal Injury specialists, then please call us on 0207 870 4870 today.

Written by:

Jing Xan Yong