Dangerous Practices and Procedures at Work Claim Solicitors
Have you had an accident at work, or been injured as a result of dangerous practices? Has a lack of training or inadequate health and safety procedures contributed to or caused your accident?
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 can I make a claim for?
If you have been expected to perform a task in an unsafe way, or you have received inadequate training leading to an accident or injury, then it is possible that you may have grounds to make a claim for compensation.
An injury caused by a workplace accident can leave you at a serious disadvantage. In addition to the physical pain and discomfort caused, you can be left anxious and out of pocket due to medical bills, lost earnings if you are unable to work, and other associated costs. At Sheldon Davidson Solicitors, we do not believe that you should be left to suffer after an accident that was not your fault and we will work tirelessly with you to claim the compensation that you are entitled to. In the first instance we will seek to claim general damages for you; this is compensation based on the pain and suffering caused and is designed to restore you through financial means to the position you were in before your accident. It may also be possible to claim for:
- medical expenses
- mental distress.
Bringing a claim against dangerous working practices often results in creating a safer working environment for others. Having to pay damages is a huge deterrent to employers who often make changes to ensure the safety of employees in the future.
For an appraisal of your situation, speak to one of our experienced solicitors – we are happy to help, and we’ll talk you through the steps available to you.
How do I know if I have a claim?
Employers are obliged to undertake risk assessments to identify hazards to the safety and wellbeing of their employees. Having identified the risks, they need to take steps to eliminate them where possible. For any hazards that cannot be eliminated the employer needs to have steps in place to mitigate the danger, so training and adequate PPE must be provided where necessary.
If it can be proven that these steps have not been undertaken, and you have suffered as a result, then you may have strong grounds for a work accident claim.
Accidents caused by employees not receiving the correct training are responsible for many injuries in the workplace. From not receiving adequate training before operating machinery, to safe lifting techniques, the onus is on the employer to ensure that staff are fully trained and aware of possible risks.
In the current climate, the coronavirus pandemic has presented many employers with a set of challenges, and they are obligated to ensure that any employees are protected as far as is possible from contracting the virus while they are at work. They will need to:
- undertake risk assessments
- identify any vulnerable members of staff
- manage workloads, factoring in the possibility that staff numbers might be impacted by absence
- ensure that all workers have adequate PPE and training.
An employer must be able to demonstrate that they have taken every necessary step to prevent the risk of COVID-19 infection to their employees. If they are found to be in breach of the law, they may be liable to pay damages if an employee contracts the virus at work.
If you feel that you have suffered as a result of dangerous working practices, talk to Sheldon Davidson Solicitors as soon as possible.
What are my employer's obligations?
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.
Taking action against dangerous practices
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.
If your employer fails to act on the information you have given them, and you think that workers’ safety may at risk, you can report them to 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.
What are some examples of unsafe working practices?
The most common types of unsafe working practices, procedures and systems include:
- lack of training
- defective equipment
- lack of adequate PPE
- carrying heavy objects without proper training
- using ladders instead of scaffolding
- not separating pedestrian and vehicle traffic areas
- poor lighting
- blocked exits
What accidents or conditions are caused by dangerous working practices?
Sadly, accidents and injuries at work happen every day. If basic health and safety rules have not been adequately explained to employees, through no fault of their own they may end up causing accidents due to a lack of knowledge.
Accidents that occur in the workplace can cause a multitude of injuries, including
- trips and slips
- neck strain due to sitting incorrectly at a desk
- falls from height
- broken bones
- severe burns
- loss of limbs
Annually over 100 people on average lose their lives in workplace accidents, with construction workers being some of the most at risk. According to recent figures from the Health and Safety Executive, the three most common causes of fatal injuries at work are:
- workers falling from a height
- being struck by a moving vehicle
- being struck by a moving object.
We believe that no one should be injured or killed at work and we will passionately pursue employers who fail to meet their responsibilities.
I don't feel safe at work. What can I do?
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 you have any doubts or concerns at all, please contact our experienced solicitors for help.
Is there a time limit to bringing a claim?
In general, you have 3 years from the date of your accident or injury at work to make a claim against your employer. However, this does not apply in situations where injuries do not become apparent until much later, for example with mesothelioma, which is caused by asbestos exposure, or industrial deafness.
If you are unsure as to whether you have a claim, speak to us as soon as possible to avoid potentially running out of time – once this happens you will not be able to make a claim no matter how compelling your case.
Why Choose SDS Solicitors for your dangerous working practices claim?
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.
Call us for free now using the number at the top of the page or complete the online contact form and a member of our team will get back to you.