How To Make An Unsafe Work Area Claim
Have you sustained an injury at work? Are you wondering if you’re eligible to make an unsafe work area claim? This article explains what an unsafe work area means as well as how it could lead to an accident, including what injuries you could sustain as a result.
The guide will also explore your rights in a work accident claim and how our expert solicitors can help with your personal injury claim. Furthermore, we’ll look at No Win No Fee agreements and the benefits that they can offer you.
What Are Unsafe Working Conditions?
Before making your claim it might help to ask, what are unsafe working conditions? When you’re in the workplace, you have a right to work somewhere where the risk of injury has been reduced as much as practicable. This is your employer’s duty of care, and it’s set out in the Health and Safety at Work etc. Act 1974.
If your employer has failed to take all of these reasonable steps, then your working environment could be unsafe. If you sustain an injury as a result of this, then you may be able to claim.
We encourage you to contact our advisors; they are available 24/7 to provide free and relevant legal advice. They can help determine the legitimacy of your claim and may be able to connect you with one of our expert solicitors if your case is valid. Get in touch with our advisors today by:
- Calling us on 0800 073 8804
- Starting your claim online
- Using the live chat feature at the bottom of this page
Select A Section
- Your Employers Duty Of Care To Provide A Safe Working Environment
- How Could An Unsafe Work Area Cause An Accident?
- What Injuries Could Be Included In An Unsafe Work Area Claim?
- What Are My Rights If My Work Area Is Unsafe?
- Unsafe Work Area Claim Calculator
- How To Make An Unsafe Work Area Claim
A duty of care is the way an employer conducts themselves to take responsible steps to ensure that employees are provided with a reasonably safe working environment.
The duty of care owed by an employer is established in the HASAWA. This piece of legislation outlines the health and safety regulations to ensure that the workplace is adequately safe for employees. Some examples of the steps that employers can take include:
- Providing Personal Protective Equipment (PPE) – In accordance with the Personal Protective Equipment at Work (Amendment) Regulations 2022 (PPEWR) all employers should provide suitable PPE for employees where necessary, such as hard hats and respirators.
- General housekeeping – Employers need to ensure that all walkways and emergency pathways are unobstructed from boxes. loose wires and spills.
- Providing and maintaining work systems – The provided work systems including equipment, tools and machinery should be kept to a standard that means they are safe to operate.
Contact our advisors for information on when an unsafe work area claim could be justified.
It may not be possible to keep a work area 100% safe. However, if an employer fails to take all reasonable steps to ensure the safety of the space, it can increase the chance of an accident leading to an injury.
Under the Management of Health and Safety at Work Regulations 1999, an employer should conduct risk assessments to discover what hazards exist within the workplace and try to remove or reduce them. An employer can do this by identifying risks, assessing the harm, putting in control measures and reviewing the measures to ensure they are working as expected.
The employer should also tell relevant employees about the workplace risks and provide free, relevant training
Where To Report Unsafe Working Conditions
If you believe that your workspace is unsafe the Health and Safety Executive (HSE) has a robust system for reporting health and safety issues. You should speak to your employer or a union representative if a health and safety issue can be solved internally. Otherwise, the quickest way to contact HSE is via the contact details they’ve included on their page on reporting concerns.
Contact our advisors today to find out more information on making a work injury claim.
There are a number of different injuries you could sustain as the result of a breach of duty of care causing an unsafe work area. For example:
- Slips, trips and falls could result in head injuries or broken bones
- Accidents involving machinery could cause crush injuries and result in psychological injuries
- If you’re not given the correct PPE to protect against corrosive substances, you could sustain chemical burn injuries
- A fall from a height could result in a back injury, which could, in turn, lead to paralysis
However, only an injury caused by employer negligence can be part of an unsafe work area claim. You will need proof that an employer breached their duty of care and resulted in your injury. Contact our advisors today as they can help you identify whether negligence has taken place.
What Are The Most Common Types Of Workplace Injury?
The HSE documented that the most common workplace non-fatal injury reported under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 by employers is as follows:
- Slips, trips and falls – 33%
- Handling, lifting and/or carrying – 18%
- Struck by moving object – 10%
- Acts of violence – 8%
- Falls from a height – 8%
In 2020/21, employers reported 51,211 non-fatal injuries under RIDDOR. The most commonly reported injury sites are in the table below:
You have the right to be safe when working at your job. To make an unsafe work area claim you must show that an employer breached their duty of care directly causing you to sustain an injury.
You must also file the claim within the 3-year personal injury time limit. However, a few exceptions to this apply.
For instance, if you’re under the age of 18 at the time the accident happens, then the time limit is suspended until you come of age. While you’re underage, a litigation friend can make a claim for you.
In a successful unsafe work area claim, you will receive general damages, which relate to the pain and suffering caused by your injury. The Judicial College Guidelines (JCG) outline the possible compensation bracket amounts for general damages categorised by the type of injury and the severity level.
Please see the below table for an array of different injuries separated by seriousness as published in the 16th edition of the JCG, which was published in 2022:
|Moderate brain and head injury (c) (iii)||£43,060 to £90,720||The injured person has concentration and memory problems that might impact work ability. Dependence on others will be limited.|
|Chest injury (c)||£31,310 to £54,830||Chest and lung damage causing persistent disability.|
|Less severe brain and head injury (d) (i)||£15,320 to £43,060||Where a good recovery has been made, but minor concentration and mood problems may persist interfering with work and daily life activities The level of the award is affected by any continuing disabilities.|
|Moderate hip or pelvis (b) (i)||£26,590 to £39,170||Considerable injury to the hip or pelvis, however, permanent disability is minor with no major future risk.|
|Moderate back injury (b) (i)||£27,760 to £38,780||Where there may be some residual disability from crushing or compressing fractures causing constant pain and discomfort, or a prolapsed disc requiring surgery.|
|Moderate neck injury (b) (ii)||£13,740 to £24,990||Where soft tissue or wrenching-type injuries could mean that spondylosis is required. Could result in movement limitations and pain, stiffness or discomfort with potential future trauma.|
|Moderate neck injury (b) (iii)||£7,890 to £13,740||Moderate soft tissue injuries with a protracted recovery period and future vulnerability to further trauma or permanent nuisances.|
|Minor brain or head injury (e)||£2,210 to £12,770||The damage to the brain will be minimal, if there's any damage at all.|
|Transient eye injury (i)||£2,200 to £3,950||The injured person will fully recover within a few weeks.|
|Lesser hip or pelvis injury (c) (ii)||Up to £3,950||A simple soft tissue injury with a full recovery.|
As part of your claim, you may be eligible to receive compensation for special damages, too. Special damages can reimburse you for the costs that arise due to your injury. We urge you to keep any receipts for incurred costs such as:
- Loss of earnings, including loss of future income if your injuries stop you from returning to work
- Property adaptations
- Travel to and from medical appointments
For more information about how much you could receive in an unsafe work area claim, get in touch with our advisors today.
The idea of making an unsafe work area claim alone could be daunting. For this reason, we recommend seeking legal advice. However, you might be worried at the financial risk posed when you pay upfront for a solicitor without any guarantee that you’ll be awarded compensation at the end of the process.
Our solicitors offer a type of No Win No Fee arrangement known as a Conditional Fee Agreement (CFA), which is an affordable option for those wishing to use a solicitor’s services. The CFA option requires no upfront fees, and you pay nothing for your lawyer’s services if your claim is unsuccessful.
A CFA lawyer will only take payment via a success fee if your claim is successful. It is a small capped percentage of your compensation.
If our CFA lawyers could help you, then contact our advisors today by:
- Calling us on 0800 073 8804
- Starting your claim online
- Using the live chat feature, which you should see below
Related Claims For Accidents In The Workplace
Please read our other useful guides:
Learn about making a claim if a driver hit a cyclist with a car while pulling out of a driveway through our helpful guide.
Or take a look at the following helpful external links:
Contact our advisors today for more information on making an unsafe work area claim. They’ll be happy to offer you free legal advice.
Written by Eaton
Edited by Stocks