Injury at Work – Common Defences

Employers must take steps to ensure the safety of all their employees, which includes taking all reasonable steps to eliminate or minimise the risk of workplace injury. Unfortunately some employers fail to act until after an accident happens, often resulting in the serious injury of one of more employees.

When a workplace injury occurs which is caused by an employer’s inaction or negligence, the injured employee is entitled to compensation for both their injuries and any financial losses caused as a consequence. Unfortunately in many cases, instead of holding their hands up, employers often deny any blame to escape payment of damages rightly owed and legal redress.

A common defence to a workplace injury claim is to allege that the accident did not occur as described, if at all. This calls into question the credibility of the employee, adding insult to injury. At Aston Knight Solicitors we have a wealth of experience in dealing with allegations of fraudulent and exaggerated claims on behalf of honest, injured employees and can help you successfully pursue your rightful claim for compensation even when your character is called into question.

Another common defence is for employers to allege they have taken every reasonable step to avoid a workplace injury from happening and the injured employee was simply ‘unlucky’ or, worse, somehow negligent in their own actions.

Employer’s relying of this defence often accuse those injured of acting in breach of company policy or training. When this defence is raised, the employer must then provide sufficient documentation in support of their assertion that they have discharged their legal duty and have done what is required to ensure the health and safety of their employees.

At Aston Knight Solicitors we can help you to successfully navigate disclosure of all the relevant documents, which is often voluminous and piecemeal. Our workplace injury solicitors are skilled at assessing whether an employer’s working practices meet the standards required by law across a range of industries, including the following

Common Places of Work Where Work Injuries Occur:

• Manufacturing and Construction for example fall from height claims or crush injury claims.
• Around the office or in the hospitality sector including strain injury claims, upper limb disorders and slipping/tripping cases.
• In a factory setting such as manual handling claims or forklift truck accidents.
• Agriculture and transportation including cases involving dangerous and defective machinery or heavy lifting.
• In a chemical or pharmaceutical setting such as claims involving hazardous chemicals or failure to provide adequate PPE, resulting in injury.
• Health care sector including needle stick injury claims.

Whatever your industry, your employer is required to maintain a safe working environment in line with regulatory frameworks specific to the types of work undertaken; our workplace injury solicitors can provide practical guidance on the regulations relevant to your claim for compensation, advising on whether your employer has been negligent in their actions.

Additionally, across all sectors employers must ensure every employee adheres to safe working practices, providing training and supervision where necessary. When a workplace injury occurs which is caused by another employee’s inaction or negligence the injured employee is entitled to pursue a claim against their employer if appropriate training is not provided. In some cases a workplace injury may be the result of horseplay or worse a workplace assault, at Aston Knight Solicitors we can offer advice on whether your employer should be held at fault in such circumstances.