Employees have the right to work in a safe area. It is an employer’s responsibility to make sure that the workplace is as safe as possible by taking reasonable precautions to keep their employees safe.
However, in some cases, they may fail to do so causing you harm. In some instances, you may be able to seek compensation. This guide will look at when you could be eligible to make an unsafe work area claim.
Unsafe work area claim guide
We will explore an employer’s responsibilities in more detail throughout this guide.
Also, we aim to provide examples of accidents and injuries that could occur in the workplace due to unsafe working conditions.
Additionally, this guide explores what your settlement could comprise following a successful claim.
If you have any questions after reading, we have a team of advisors that could help. You can get in touch on the details below:
- Phone: Call us on 0800 073 8801
- Live chat: Send us a message using the live chat function below
- Website: Fill out our online contact form.
Select A Section
- Why Is A Safe Working Environment Important?
- What Health And Safety Responsibilities Do Employers Have?
- How Could Accidents Happen In An Unsafe Working Area?
- What Injuries Could Be Caused By Unsafe Work Areas?
- Calculating Compensation For An Unsafe Work Area Claim
- Contact Us About Your No Win No Fee Unsafe Work Area Claim
Why Is A Safe Working Environment Important?
It is important that the working environment you work in is kept as safe as reasonably possible to prevent the risk of employees sustaining harm in an accident.
As mentioned above, it is the employer’s responsibility to take reasonably practical steps to protect their employees. This is known as a duty of care. If they breach their duty of care, and you sustain harm, you may be able to claim.
Contact us today and our advisors can help you through this process, offering free advice and guidance. This service is free and available 24/7, so if you have any questions about making a claim for an unsafe work area, contact us today.
What Health And Safety Responsibilities Do Employers Have?
The responsibilities your employer has will vary depending on the nature of the industry they work in. However, their general duties are outlined in the Health and Safety at Work etc. Act 1974 (HASAWA). Examples include:
- Carrying out regular risk assessments on the workspace
- Providing adequate and sufficient training
- Ensuring employees are given adequate and sufficient breaks between shifts
- Ensuring workplace equipment is safe for use
The HASAWA is a significant piece of legislation that is used in the workplace. However, it works alongside other pieces of legislation such as:
- The Personal Protective Equipment at Work Regulations 1992 – This sets out an employers responsibility to provide personal protective equipment (PPE) where necessary. For example, if they have already taken all reasonable steps to reduce the risk a hazard poses and the hazard still poses a risk, they must provide PPE.
- Management of Health and Safety at Work Regulations 1999 – This provides more detail on an employers responsibility to carry out risk assessments and address any significant findings.
If you have evidence that your employer has breached their duty of care, causing you harm, call our team on the number above to discuss your potential unsafe work area claim.
How Could Accidents Happen In An Unsafe Working Area?
There are various ways accidents could happen as a result of an unsafe working area. For example:
- Slip, trip and fall hazards: You may have slipped on a wet floor that hadn’t been marked with a wet floor sign.
- Faulty machinery: Your employer may have failed to risk assess machinery to ensure it was safe to use. As a result, you may have been injured while operating a faulty forklift truck.
- Inadequate personal protective equipment: Your employer may have failed to provide you with a hard hat while working on a construction site despite the hazards that still remained after other steps had been taken to reduce the risk of injury.
- Inadequate training: Your employer may have failed to provide you with adequate training before allowing you to use specialist drilling equipment. As a result, you may have injured your hand.
Accidents such as the ones above can happen in varying degrees of severity. The severity of your injuries can influence the payout you receive following a successful unsafe work area claim. Call us for more information.
Reporting Unsafe Conditions In The Workplace
Your employer must report certain accidents and injuries under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR). Examples of the types of reportable incidents include:
- Death to workers and non-workers
- Specified injuries, such as certain fractures, amputations and serious burns
- Injuries that have required a worker to take over 7 days off work
- Non fatal accidents affecting non-workers
- Occupational diseases such as asthma and dermatitis
Health And Safety Statistics
The reports made by employers under RIDDOR are collated by the Health and Safety Executive (HSE). As such, we can see that there were 51,211 non-fatal injuries to workers during 2020/21. In addition, there were 123 workers killed in work-related accidents during 2021/22.
What Injuries Could Be Caused By Unsafe Work Areas?
The injuries you could sustain in workplace accidents could vary from minor to life changing. They could also affect different parts of the body. Examples of injuries might include:
- Knee injuries
- Leg injuries
- Arm injuries
- Toe injuries
- Head injuries
- Foot injuries
- Hand injuries
- Finger injuries
- Shoulder injuries
Additionally, you could sustain psychological harm such as stress, anxiety or depression.
What Are The Most Common Types Of Workplace Injury?
There are a number of injuries that HSE recorded. However, according to employer reports under RIDDOR, of the 51,211 non-fatal injuries, 15,159 were fractures. There were also 14,784 sprains and strains.
However, others included:
- Contusions
- Lacerations and open wounds
- Superficial injuries
Calculating Compensation For An Unsafe Work Area Claim
You may wish to use a compensation calculator to gain an insight into what your settlement could include after a successful unsafe work area claim. However, they often don’t provide an accurate estimate.
Instead, you can use the table below. This provides figures from the Judicial College guidelines. These guidelines are used by solicitors to help them value the general damages head of claim. General damages are one portion of your settlement that compensate for the pain and suffering of your injuries.
However, several factors are considered when valuing this head of claim, such as severity and prognosis. As such, the figures shown may not be the exact amount that you could receive.
| Types of Injuries | Compensation Bracket | Injury Description |
|---|---|---|
| Neck Injuries: Severe (a) (i) | In the region of £148,330 | Examples of injuries in this bracket include a neck injury that results in permanent spastic quadriparesis. |
| Injuries to the Pelvis and Hips: Severe | £78,400 to £130,930 | This bracket covers extensive fractures of the pelvis. |
| Back Injuries: Severe (ii) | £74,160 to £88,430 | Nerve root damage with associated loss of sensation and other issues are covered in this bracket. |
| Knee Injuries: Severe (i) | £69,730 to £96,210 | A serious knee injury with disruption of the joint. |
| Arm Injuries: Injuries Resulting in Permanent and Substantial Disablement | £39,170 to £59,860 | Serious fractures affecting one or both forearms. |
| (b) Severe Leg Injuries: Serious (iii) | £39,200 to £54,830 | Examples of injuries in this bracket include serious compound fractures and joint injuries. |
| Back Injuries: Moderate (b) (i) | £27,760 to £38,780 | A compression fracture of the lumbar vertebrae is an example of the injuries included in this bracket. |
| Asthma (b) | £26,290 to £43,010 | Breathing difficulties that are caused by chronic asthma. |
| Shoulder Injuries: Severe | £19,200 to £48,030 | Damage to the brachial plexus. |
| Hand Injury: Moderate | £5,720 to £13,280 | Injuries in this bracket include soft tissue damage, crush injuries or penetrating wounds. |
Your settlement could also include special damages. These are used to compensate for the financial loss, both current and future, that have been incurred due to your injuries. This form of compensation can cover the following:
- Childcare costs
- Travel expenses
- Loss of earnings
- Cost of medication or prescriptions
To claim special damages, there would need to be some evidence to show that you have suffered financially because of your injuries. For example, receipts or payslips.
Call us today to find out more about the compensation you could receive and how it’s often calculated.
Contact Us About Your No Win No Fee Unsafe Work Area Claim
If you are looking to hire a solicitor to represent your claim, we could help. Our solicitors offer their services on a No Win No Fee basis. As such, they can offer to represent your claim under a Conditional Fee Agreement (CFA).
This means that there are no upfront or ongoing fees for their services. If your claim is successful, you will pay a success fee from your compensation. However, the fee is subject to a legal cap and you won’t pay it if your claim fails.
To discuss your potential unsafe work area claim and whether one of our solicitors could begin working on your case, get in touch. Our advisors can put you in touch with one of our accident at work solicitors, provided your claim meets the relevant criteria.
For more information:
- Call us on 0800 073 8801
- Send us a message using the live chat function below
- Fill out our online contact form.
Related Unsafe Work Area Claim Guides
Please find some helpful resources below.
- Workplace Accident Or Injury Compensation Claim
- Who Is Responsible For Reporting Hazards And Accidents In The Workplace?
- Factory Accident Claims
- Injured due to inadequate work safety boots – can I claim?
- I cut my finger at work, can I get compensation?
- How to make an accident at work claim
- How to claim for a work-related injury
- NHS – Services near you
- HSE – Employer’s Responsibilities
- GOV- Compensation After An Accident Or Injury
For more information on making an unsafe work area claim, call our team on the number above.
Guide by EW
Edited by MMI