Dangerous Practices and Procedures at Work Claim Solicitors
Have you had an accident at work, or been injured as a result of Unsafe Working Practices?
Has a lack of training or inadequate health and safety procedures contributed to or caused your accident?
There are numerous pieces of legislation in place to protect employees from the risk of injury through dangerous working practices or procedures. If an employer breaches their obligations to keep workers safe, it is highly likely that the injured party would be awarded financial compensation.
Employees have a right to expect that their employers have taken their legal obligations with regard to health and safety seriously, and all members of staff should be fully trained and aware of their responsibilities. Accidents will happen; but if they have been caused by a breach of any of the legal obligations in place, your employer may be liable to pay you compensation for any injury or damage caused.
Sheldon Davidson Solicitors are a leading work accident claims law firm in Manchester. We help people who suffer injuries at work to claim compensation they rightly deserve. We have a high degree of expertise surrounding workplace health and safety regulation that makes us perfectly placed to answer any questions you may have about what has happened to you.
If you are unsure whether you have grounds to make a claim for an injury you believe was caused by unsafe working practices or procedures, talk to one of our solicitors today.
What constitutes Unsafe Working Practices?
Dangerous or unsafe working conditions can arise from many circumstances. Any condition that poses a significant risk to the safety of the employees may indicate dangerous working practices, and leave employers liable in case of an accident. The definition of these conditions can vary greatly across different industries, but many apply to a number of workplaces.
The most common types of unsafe working practices, procedures and systems include:
- Failure to provide adequate training for hazardous tasks
- Inadequate maintenance and inspection of machinery or equipment
- Improper use of chemicals or hazardous substances
- Lack of appropriate safety protocols or procedures
- Insufficient provision of personal protective equipment (PPE)
- Failure to follow industry-specific regulations or guidelines
- Inadequate supervision or monitoring of employees
- Ignoring warning signs or safety precautions
- Poor ergonomic design of workstations or equipment
- Improper use of equipment, such as using ladders instead of scaffolding
- Not separating pedestrian and vehicle traffic areas
- Poorly maintained or insufficient lighting
- Lack of safe passageways or blocked exits
The specific definition of dangerous practices and procedures may vary depending on the industry, workplace, and applicable regulations. Identifying and addressing these practices is crucial to ensuring a safe working environment and preventing workplace accidents. If you feel that Unsafe Working Practices in your workplace may cause or play a role in an accident, the first course of action should be to discuss the hazards with your supervisor or safety officer. You may decide to escalate your concerns to authorities such as the Health and Safety Executive if necessary.
What industries are at risk of Dangerous Working Practices?
Modern workplaces can be subject to very dangerous situations. Many jobs can involve heavy machinery, specialist equipment, or hazardous substances. This means that Unsafe Working Practices can manifest in virtually all industries.
Some of the most common situations that we see in Unsafe Working Practices claims include:
- Accidents in Construction Sites
- Industrial accidents injuries
- Work vehicle accidents, such as accidents involving cherry pickers or forklift truck accidents
- Falls from height, including ladder accidents or scaffolding accidents
- Accidents involving falling objects
- Asbestos exposure, RSI, and other industrial diseases
This is far from an exhaustive list, and, as mentioned above, all jobs and industries can be subject to dangerous working practices. If you believe you have suffered an injury from a work accident caused by the Unsafe Working Practices at your work, contact SDS Solicitors today.
What laws regulate Unsafe Working Conditions?
If you are worried about the safety of your working conditions, it’s crucial to understand the legal framework that regulates your workplace’s health and safety. In the UK, there are a number of pieces of legislation that provide guidance and obligations towards workplace safety, such as:
- Health and Safety at Work etc. Act 1974: This is the main Act to establish an employer’s responsibility towards the safeguarding of the health and safety of the employees and those who may be affected by work activities.
- Management of Health and Safety at Work Regulations 1999: These regulations outline the employer’s responsibility to assess, manage, and minimise risks and hazards in the workplace, and the requirement to have qualified individuals to assess risks and advice about their management.
- Workplace (Health, Safety, and Welfare) Regulations 1992: These address many detailed circumstances regarding health and safety in the workplace, such as lighting, ventilation, temperature, and hygiene.
- Control of Substances Hazardous to Health Regulations 2022: This collection of regulations outline the safety requirements for environments which involve hazardous substances, such as the assessment and management of risks, and training requirements.
- Provision and Use of Work Equipment Regulations 1998: These regulations govern the use of work equipment and machinery in the workplace. They require employers to ensure that equipment is suitable for its intended use, properly maintained, and operated by trained staff.
- Construction (Design and Management) Regulations 2015: These regulations specifically apply to the construction industry and aim to ensure that health and safety considerations are incorporated into all stages of construction projects.
Additional laws, guidelines, and regulations may apply to your specific industry or line of work. These will provide the foundation on which we can begin establishing an employer’s liability for a possible injury or accident.
Proving a long-term, systematic disregard by the management of any of these regulations may strengthen your work accident claim. If you believe your accident was caused by a breach of work safety regulations, contact SDS Solicitors today, and have one of our expert solicitors assess your Unsafe Working Practices claim.
What are my employer's responsibilities to avoid Unsafe Working Practices?
Your employer has a legal obligation to make sure that your workplace is as safe as possible. This means that they should undertake risk assessments and provide staff with any necessary training and PPE to ensure that they can carry out their work safely. If there are five employees or more, the risk assessment must be officially written out. Employers must also ensure that safety procedures are actually being followed – it is not enough just to lay out expectations.
Employers are also responsible for the conduct of their staff towards each other; for example, if an employee is assaulted or injured at work by another employee, legally the employer can be liable.
The Health and Safety in the Workplace Act legally sets out the responsibilities of everyone in the workplace and although ultimate responsibility is with the employer, everyone connected with the workplace has a duty to comply.
If you have suffered an accident at work, and you believe it was due to the failure of your employer to fulfil their obligations to your health and safety, then you may have strong grounds for a claim.
What actions can I take against dangerous practices at work?
At work, you have a duty of care to everyone around you to make sure that you follow health and safety guidelines and are vigilant to any potentially dangerous practices. If you personally witness a dangerous practice at work, you should immediately raise your concerns with a manager. You may have concerns about broaching the subject with your employer, but they are legally obliged to investigate your concerns and cannot punish you in any way for raising them.
Your options depend on the details of the situation and the actions of your employer. The first thing to do is talk to your employer. They owe you a duty of care and the law is very clear on this.
If your employer fails to act on the information you have given them, and you think that workers’ safety may be at risk, you can report them to the Health and Safety Executive. The HSE have the power to enter premises and take action if they receive information of dangerous working practices, and they can prosecute any employers found to be in breach of the law.
If you have any doubts or concerns at all, please contact our experienced solicitors for help.
What evidence do I need to prove Unsafe Working Practices?
If you, or a coworker, have been injured at work, and you believe the accident was caused by Unsafe Working Practices, it is important to have a strong body of evidence. Our specialists can help you gather and document anything that may indicate a breach of health and safety regulations, whether in regards to one circumstance or in the context of systematic, long-term disregard of workplace safety.
The key steps to proving an incident was caused by Unsafe Working Practices are:
- Incident documentation: It is vital to record all details of an accident at work as it happens. Date, time, and location should be noted, as well as a detailed description of the events, and the details of all people involved and witnesses.
- Medical Records: Accidents will often result in serious injuries, which should be assessed and treated quickly. Any record that proves the type and extent of injuries suffered should be documented, as it will be fundamental when calculating the compensation you could receive.
- Photographic and Video Evidence: Visual evidence can be extremely helpful when building a case for a compensation claim. You should document the scene of the accident, any hazards which may have played a role, and any additional evidence which may suggest Unsafe Working Practices.
- Incident Reports and Safety Records: All incidents in the workplace should be properly documented and reported to the relevant authorities - often, this will be the HSE. Obtaining a copy of any relevant incident report is vital to your claim of Unsafe Working Practices, as well as any reports of inspections, maintenance, or training related to the involved risks and hazards.
- Witness Statements: The first hand accounts of witnesses can validate your recollection of the events, and be very valuable in the legal process.
- Expert Opinions: Many fields of work involve complex procedures and tools, and getting the opinion or assessment of an expert can help your case and corroborate your view of the circumstances. An expert can add credibility to your claim by providing insight into the safety protocols, possible defects, or impacts of your injuries.
- Employment Records: Preserve any documentation related to your employment, such as contracts, qualifications, and training certificates. These can help establish the extent of your employer’s duty of care towards their employees.
By ensuring the documentation of all relevant evidence and information regarding the risks, management, and consequent accident, your Unsafe Working Practices Claim will be much stronger. You may be able to claim a higher level of compensation if it can be proven that management has cut corners in the risk assessment and management, or ignored warnings from employees regarding dangerous practices in the workplace.
Each day our solicitors handle a range of claims for accidents and injuries in the workplace. Backed by over 20 years of experience in challenging dangerous practices and unsafe conditions, Sheldon Davidson Solicitors are leading solicitors in the north west. We have the experience and expertise to assist you in making your claim if you find you are injured at work and it wasn’t your fault.
Based in Manchester, we work with clients throughout England and Wales, and our many satisfied clients are testimony to our highly efficient, professional accident and injury solicitors.
Considering making a claim can feel like a challenging process to undertake. At Sheldon Davidson Solicitors we understand the situation that you are in and we will talk you through your options, answering any queries that you may have.
We specialise in no win no fee claims, meaning that we will not require payment upfront and if we do not win your case, there will be no fee to pay.
We are passionate about helping clients to seek appropriate justice and recompense, and our track record speaks for itself.
Our experienced Dangerous Working Practice Compensation Claim Solicitors act regularly for clients across Greater Manchester including Ashton, Bury, Bolton, Radcliffe, Prestwich, Middleton, Failsworth, Rochdale, Oldham, and Whitefield.
Sheldon Davidson Solicitors are a Lexcel accredited law firm. The Lexcel standard is only awarded by the Law Society to firms who meet the highest standards of practice management and customer service.
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