All employers have a moral and legal obligation to ensure that their employees are able to carry out their roles as safely as is reasonably possible. They are also responsible for ensuring the safety of anyone who visits the site, for example independent contractors, delivery drivers, and customers.
There are a number of government regulations that employers must adhere to, which include:
- The Health and Safety at Work Act 1974
- The Working at Height Regulations 2005
- The Provision and Use of Work Equipment Regulations 1998
- The Personal Protective Equipment at Work Regulations 1992
- The Workplace Health, Safety and Welfare Regulations 1992
As part of these legislative acts, employers must ensure the following:
- Risk assessments are carried out regularly
- Adequate safety measures are put into place
- Adequate staff training is provided and regularly updated
- Exclusion zones are established on the premises
- Safety measures are put in place to prevent objects from falling from height
- Adequate PPE, such as hard hats, is provided
- Objects and goods are stored safely and only placed at height when absolutely necessary
If your employer fails to adhere to the relevant legislation and it results in a falling object accident which causes you to sustain an injury, you may be entitled to pursue legal action. Likewise, if the actions of a fellow employee lead to an accident occurring, your employer can still be held accountable as they are ultimately responsible for their employees.
You may be concerned that taking legal action against your employer could affect their business financially. However, most employers should be in possession of a legitimate liability and insurance policy which will cover the cost of any legal action taken against them, without affecting their business in a negative way.
Another concern that some employees have with regards to suing their employer is that it will affect their job security. However, the law is on your side, and your employer can’t legally treat you any differently or dismiss you due to you seeking compensation, so you can rest assured that your position at the company will remain protected.
Making a claim against your employer can not only lead to a compensation pay out for you, but it also typically means that your employer will be required to carry out a full investigation into how and why the incident occurred, and subsequently review their safety policies and procedures in order to ensure that the same type of incident does not occur again in the future.
If you’d like any further clarification about your rights when it comes to pursuing legal action against your employer, please get in touch with our personal injury team who will be happy to answer your questions and offer guidance.