Accident at Work - When Can You Sue Your Employer?

When Can You Sue Your Employer for a Workplace Accident?

Not every accident at work is your employer's fault. To make a successful claim, you need to show that your employer (or a colleague) was negligent and this caused your injury.

Your Employer's Duties

Under health and safety law, employers must:

• Provide a safe working environment
• Maintain equipment properly
• Carry out risk assessments
• Provide adequate training
• Supply protective equipment (PPE)
• Ensure safe systems of work
• Have competent supervision

When Your Employer Is Liable

Breach of Statutory Duty

Employers must comply with health and safety regulations. Breach of these can lead to liability:

• Workplace (Health, Safety and Welfare) Regulations
• Manual Handling Operations Regulations
• Work at Height Regulations
• COSHH (Control of Substances Hazardous to Health)
• Personal Protective Equipment Regulations

Negligence

Even without breaking specific regulations, employers must take reasonable care. Negligence includes:

• Not fixing known hazards
• Inadequate risk assessments
• Insufficient training for the job
• Ignoring previous incidents
• Failing to provide proper equipment

Vicarious Liability

Employers can be liable for injuries caused by colleagues acting in the course of their employment.

When You May NOT Have a Claim

• Pure accidents with no fault element
• Injuries caused solely by your own actions
• Self-employed contractors (in some cases)
• Injuries from criminal acts by third parties

What About Your Own Fault?

If you contributed to your accident, your compensation is reduced proportionately, but you can still claim. Examples:

• Not wearing provided PPE
• Ignoring safety instructions
• Horseplay

Evidence Needed

• Accident book entry
• Photos of the hazard/scene
• Witness statements
• Medical records
• Risk assessments (request from employer)
• Training records
• Previous incident reports

Will I Lose My Job?

It's illegal to dismiss you for making a genuine injury claim. The claim is against your employer's insurance, not personally against them.

Time Limits

• Personal injury: 3 years from accident
• Industrial disease: 3 years from diagnosis

Get Expert Advice

MCR Solicitors assesses workplace accident claims free of charge. Call 0161 466 1280 to discuss your case.