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Health And Safety Breach Accident Injury Guide – How Much Compensation Can I Claim?

Home Much Can I Claim For A Health And Safety Breach Leading To Injury Or Illness

Have you been injured or become ill due to a breach in health and safety? A health and safety breach accident can happen in the workplace, whilst travelling, in the shops, or in fact anywhere where you could be injured as a result of someone either being negligent or choosing not to follow the correct health and safety procedures. The consequences of these accidents can be injury or illness ranging from the mild to the long-term, severe, or even fatal.

Figures from the UK Health and Safety Executive showed that in the year 2013/14 that there were a total of almost 1.2 million health and safety accidents in the workplace which injured people. A high percentage of these health & safety at work claims will have been caused by poor working practices or insufficient working conditions.

health and safety breach accident Whether an employer or someone who is responsible for running a place in which members of the public will enter (such as a shopping mall or leisure centre), they are legally required to ensure that the correct health and safety procedures have been followed and that both customers and employees are kept safety. This legal requirement is sometimes referred to as a ‘duty-of-care’ in personal injury claims cases. Under legislation such as the 1974 Health and Safety at Work Act if an employer is found to have been negligent, you can make a health and safety negligence cases for compensation against them.

Read the rest of our guide below to find out more about making a successful health and safety breach accident claim. Then, when you are ready, contact Legal Expert today by calling our team on 0800 073 8804 to speak to our team.

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A Guide To Health And Safety Breach Accident Claims

If you have been injured in an accident which was the result of a breach in health and safety procedures which happened in the last three years (or which was diagnosed within the last three years) you could be eligible to make a health and safety breach accident compensation claim with one of the personal injury lawyers we can provide.

All employers owe their employees a duty of care to make sure that they are kept safe in the workplace. This duty of care extends beyond members of staff to those indirectly employed, such as people carrying out work for the company/ employer or anyone carrying out work requested by the employer. Even those who are agency workers, the self-employed, or sub-contractors can also make a health and safety claim against employer for health and safety breaches at work. As well as the health and safety at work act, other regulations such as the ‘1992 Provision and Use of Work Equipment Regulations’ put further obligations on the worker. As well as these regulations, there are further directives which cover specific industries and workplaces such as working at height or for those working in construction.

What Is A Breach Of Health And Safety Procedures?

What is a breach in health and safety procedures and how much can I claim for a health and safety breach are two common questions we hear in connection to potential health and safety breach claims. Breaches in health and safety arise any time when employers (or others) have not correctly followed the health and safety procedures that they should have. This arise when:

  • Health and safety policy is altered, but not communicated to employees.
  • Where health and safety training has not been given to employees, or where updates are not communicated.
  • Where health and safety equipment, such as PPE equipment is not provided to workers.

Examples of the consequences of a health and safety breach might include exposing people to excess noise, exposure to hazardous chemicals or dangerous and risky situations.

What Is The Health And Safety At Work Act?

In the UK there is a wide array of different pieces of legislation in place to help guide companies through the process of ensuring their workplace is a safe for employees as it can be. Legislation such as the Health and Safety at Work Act works in conjunction with bodies like the Health and Safety Executive to give businesses practice advice on what steps they can take, as well as helping to enforce regulations.

The 1974 act forms the basis of health and safety law in Britain and required all employers to carry out all necessary risk assessments, to implement any reasonable measures to prevent accident or injury, to give clear and actionable training and to have emergency process and procedures in place.

Further legislation, such as the 1999 Management of Health and safety at Work Regulations help to give guidance in the application of this. With broad and substantial legal frameworks in place, as well as applicable guidance from bodies such as the HSE, health and safety breach accidents should not happen. In the event of a breach of health and safety regulations by an employer, you could be entitled to sue your employer for health and safety breaches.

Can I Sue My Employer For A Health And Safety Breach?

The simple answer to this is yes, you may be eligible to do so. To best answer this, our team will need to talk to you on an individual basis and assess the circumstances leading up to your accident and the consequences of it on your health. Health and safety breach accident claims include a wide variety of different injuries and illnesses. They could be caused by a breach of the health and safety at work act 1974 or other legislation.

The most common cause of injuries in the workplace related to breaches in health and safety guidelines are slips, trips, and falls and what are called ‘manual handling accidents’. The industries with the highest number of breaches leading to injury or illness are waste supply and sewage, agriculture and construction.

Breaches in health and safety procedures can be minor or they can be very serious. Not wearing the right gloves may result in a mild injury but incorrectly erecting a scaffold could lead to fatal accidents. There are so many situations which could result from not doing things in the right or safest way that without discussing your case with you, it is difficult to make a full assessment.

To find out if you have a claim, contact us today.

What Is A Duty Of Care? And Am I Owed It

According to legislation, all employees and workers are owed a duty of care by their employer. This means that they must take any steps which are necessary and reasonable to make sure that the overall health, including wellbeing and safety of all workers are protected. However, this should not just be a legal duty, as a business it can be a key part of creating a relationship of trust between employer and employee.

If you have become sick or injured whilst at work, you will need to clearly demonstrate that there was a breach in your employers duty of care, such as negligence. You will also need to show that this was the direct cause of your injury. Even if the breach of health and safety regulations was by an employee, you may well also be able to make a claim as employees also owe each other a duty of care to ensure that they are kept safe. Under these circumstances, you could make a health and safety breach accident claim.

Claims For Health And Safety Breaches In A Public Place

The penalties for non compliance with health and safety legislation can be very high when people are injured in a public place. In a similar way to how employers owe their employees a duty of care, people operating shops, leisure centres and other spaces owe their customers and any other people on their property a duty of care. They are responsible for keeping them safe and mitigating any hazards that they may face. The operator of the public place (whom so ever is liable for it) must control any risks that could arise which would adversely affect people’s health and safety. This applies whenever spaces are provided for use by the general public.

Health And Safety Breach Claims For Self Employed And Contractors

Contractor, temporary, and self employed workers often think that these types of claims don’t usually apply to them. However, under the health and safety at work act, people can still make a claim, even if they are not a contracted member of staff. People often think they are not eligible to make a claim and that they would not have anyone to make a claim against. However, this is not the case. Whilst it is true that those who are self-employed or even some contractor or agency workers may be responsible for keeping themselves safe, there are circumstances in which they can still make a compensation claim for a health and safety breach accident if it was caused by negligence on the part of someone else.

Common injuries In Health And Safety Negligence Cases

The Health and Safety Executive records and tracks the different injuries and illnesses which commonly arise from breaches in health and safety in the workplace. Some of the most frequent of these included; stress, skin conditions diseases, musculoskeletal problems, as well as breathing and other respiratory problems. As well as conditions which can arise immediately, longer-term health and safety breaches example conditions include diseases related to asbestos, hearing damage, cancers, and injuries related to vibration.

Certain workplaces and industries report higher numbers of different forms of these cases. Construction workers might be more prevalent to suffering musculoskeletal issues, whilst those in certain industries might experiences greater chances of skin conditions from exposure to hazardous materials. Those working with dust and fumes are also more likely to suffer problems with their respiratory system

What Can You Include In Your Health And Safety Breach Accident Claim?

There are several common types of damages which can go towards making up a compensation settlement for any personal injury claim. Our personal injury claims calculator in the section below will look at how much you could be awarded for specific physical or psychological injuries. However, whilst this may form the bulk of your claim, it is not the only thing you can claim for.

As well as general damages which cover the pain and suffering your accident caused you, you can also claim for any medical expenses. If you have had to buy medication or have private treatment outside the NHS, or simply have had to pay any form of medical costs (or are expected to in the future) you can claim these costs.

You can also claim the cost of travelling to and from any appointments associated with your accident or injury. This could be travelling to specialist or general medical appointments which are part of your treatment.

If you have lost income, earnings, or benefits, as a result of your health and safety breach accident you can include the costs of these as part of your compensation claim. As with the categories above, you will need to provide evidence of these losses, and that they were caused by the accident and resulting injury or illness.

You can also claim the cost of current or future care. This might include help around the home or other forms of care.

How Much Can You Claim For The Consequences Of A Health And Safety Breach?

In the table below we look at some of the most common forms of injury or illness (or other forms of compensation) which you might suffer after an accident caused by a breach in health and safety, as well as how much you could be awarded for them.

Injury typeSeveritySettlement bandNotes
Injury to the ankleMinorUp to £12,050Milder or more minor damage to the soft tissues
Injury to the ankleModerte£12,050 to £23,310Including less serious fractures and breakes. Recovery will be full.
Injury to the ankleSerious£27,450 to £43,900Medium-term damage which will be recovered from.
Injury to the ankleVery serious£43,900 to £61,110Long-term damage and injuries causing loss of function.
Injury to the kneeModerateUp to £10,380The claimant may have experienced some loss of ability to use the knee.
Injury to the kneeSerious£34,370 to £48,080Much more serious than the above cateogry. Recovery will need to be over the longer-term.
Injury to the backMinorUp to £10,970Similar to minor injury types to other body parts.
Injury to the backModerate£10,970 to £34,000More serious than the category above.
Injury to the backSerious£34,000 to £141,150May include a broken back or similar permanent injuries.
Loss of earningsN/A£10,000 - £40,000Loss of earnings based on claimants current and future income.
Loss of benefitsN/A£5,000 - £500,000Loss of current and future benefits.

Health And Safety Breach Case Study

The consequences of not following health and safety regulations or observing the health and safety at work act can be extremely serious, even fatal. In this study of a case (carried out by another solicitors firm) we see how serious these can be.

The accident and injuries

This example of health and safety breaches happened at the branch of Hugo Boss (a fashion designer and retailer) in the Bicester Outlet Shopping Village in 2013. The victim was a child who was fatally injured when hit by a large mirror in a changing room. The mirror weighed eighteen stone and fell onto the child. Whilst the child was rushed to hospital, his head injuries proved fatal and he died four days after the accident.

The case and settlement

The case proceeded to the magistrates and ultimately the crown court. The company was fined £1.2 million. This was not a compensation settlement for the family, but does illustrate how serious the consequences of a health and safety breach accident can be.

No Win No Fee Health And Safety Breach Accident Claims

Once you have decided that you are going to pursue a compensation claim for your health and safety breach accident, there are two things you may need to think about. These are, which personal injury claims service or solicitor you will hire, and how you will fund your claim. For many people, figuring out the finances at what can already be a stressful time can be the hardest part. This is where making a no win no fee health and safety breach accident claim can help.

No win, no fee means that you can claim compensation for the consequences of a health and safety breach accident without having to pay any costs up front or during the life of your claim. With a no win, no fee claim, you only pay if and when you are successful. Being able to make a claim using no win, no fee means that your personal injury solicitor will assume all the risk in working with you on your claim. When you do come to pay for your solicitors services, you will already have your settlement and be able to easily manage the fees.

Additional benefits of using a no win, no fee personal injury lawyer is that you know they will be dedicated to your case and that they will not have taken it on without a high chance of compensation being awarded. Hourly solicitors may not be as motivated to work on your behalf as they will be paid their full fee, no matter the outcome of your claim.

How Legal Expert Can Help You Make A Claim For Injuries Caused By A Breach In Health And Safety

At Legal Expert we are ready to help you get the compensation you deserve under a no win, no fee agreement for your health and safety breach accident claim. We understand that when you are making a personal injury claim you have a lot of choice between different solicitors and personal injury claims management services. We always put our customers and clients needs first. We know that the injuries or illnesses which you have sustained as a result of your health and safety breach accident could have had very serious, lasting and even traumatic consequences, and we also understand the distress you may be going through. This is why we ensure that when handling your personal injury claim we get you the biggest possible compensation settlement. We also try to do so in as efficient and (for you) hassle free way possible.

The consequences of not following health and safety regulations can be huge for the person who has been affected by the injury or illness and whoever caused your accident (through deliberate action or negligence) should be held accountable. You can read the comments on our site to see how we have helped people in the past and how we could help with your health and safety at work action.

Talk To Legal Expert Today

Have you been injured as a result of a health and safety breach accident? The health and safety breach could have happened at work or in a public place, but no matter the location, the team at Legal Expert can help people bring successful health & safety breach compensation claims against the party who owed you a duty of care.

Contact our dedicated team today by calling 0800 073 8804 or send us an email to info@legalexpert.co.uk. You can also find further ways to get in touch with us by viewing our other details here. We are ready to start working with you on getting you the compensation you deserve and to help you through a no win, no fee agreement.

Helpful Links And Resources

Accident At Work Claims
Have you suffered an accident due to health and safety breaches at work? If so, read our guide to getting the compensation you deserve.

Accidents In A Public Place
How much can I claim for a health and safety breach in a public place leading to an accident? Find out in our guides.

No Safety Equipment Leading To An Injury
Find out how much you could be able to claim if you were not issued with the correct personal protective equipment in the workplace.

Consequences Of A Breach In Health And Safety
Find out more about the consequences of a breach in health and safety processes and procedures in this guide from the Health and Safety Executive.

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