Compensation claims for accidents and work and duty of care
When we are eventually released into the world of work as adults we should take a certain amount of accountability for ourselves, but our employer also has to take some responsibility for our welfare to avoid being faced with numerous compensation claims made against them.
A worker who has 20 years experience and is extremely skilled in his profession is expected to have more knowledge than a young apprentice fresh out of school, but in reality all employees are expected to use their own common sense to keep them from having accidents at work.
It is advisable that we act responsibly when at work in order to protect ourselves and our colleagues from any increased risk of having to make a compensation claim for work injuries. However, every employer is liable for providing reasonable care for the safety of all employees throughout the course of their employment.
When considering duty of care, there are three aspects:
1. The provision of a competent staff body with whom the employee had to work
2. The provision of adequate material
3. The provision of a safe system of work
Instances in which employees may find themselves in breach of their duty of care are detailed below.
Under section one.
An employer may find that they are in breach of their duty if they are aware that acts are being carried out by employees during work time which could cause personal injury to other colleagues and they fail to stop or prevent such behaviour.
Under section two.
In the event that they do not provide employees with proper or adequate appliances, equipment and premises that are in good workable condition, an employer may find that they are in breach of their duty of care.
Under section three.
This refers to an employer making sure that the system of work is generally safe such as maintaining staff training and following health and safety regulations to ensure the risk of work accidents is diminished.
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