Employer’s Liability Claims
All employers have a duty of care to provide a safe workplace. This includes providing a safe working environment, whether that is an office, shop or construction site. Unfortunately, sometimes accidents at work can happen. If an employee is injured in the workplace as a result of negligence or fault, they may wish to make an employer’s liability claim.
What is employer’s liability?
Employer’s liability is the legal responsibility an employer has in providing a safe and well-maintained workplace. Employer’s liability claims happen when an employee or worker is injured at work or becomes unwell as a result of their employer’s negligence, or because the employer (or their workers) has breached their health and safety duties.
For example, a shop worker slips on a wet floor in the staff room that has not been cleared up and sustains a head injury. The employer is likely to be negligent in not marking the spillage as a hazard and clearing up the spillage promptly and adequately. They also failed in their duty to ensure the area was kept sufficiently clean and free of slipping hazards.
All employers in the UK are legally obligated to have Employer’s Liability Insurance. This helps pay an employee’s compensation if they are injured at work or have a work-related illness, and an employer’s liability claim is made. Employer’s Liability Insurance protects both employees and employers.
Sole traders, self-employed people who work for themselves, and those who employ their family members, are not legally required to have Employer’s Liability Insurance, although it is often recommended that they have appropriate insurance if they engage people to work with them.
What does employer’s liability apply to?
Employer’s liability relates to any injury or disease that an employee experiences as a result of their employer’s negligence or breach of duty.
It covers injuries, illnesses and diseases, including where an employee is killed. It does not apply to any other ‘suffering’ in the workplace, such as discrimination, sexual harassment or wrongful dismissal, which is dealt with by employment lawyers.
Employer’s liability can apply to work that is carried out at any of your employer’s locations (within the UK).
Case study | £340,500 for fatal workplace accident and secondary victim claim
What are some examples of employer’s liability claims?
Common examples of employer’s liability claims include:
- Industrial diseases such as asbestos disease, RSI, skin conditions such as dermatitis and respiratory conditions
- Slips, trips or falls at work
- Serious or fatal injuries in the workplace
- Manual handling injuries
- Accidents due to a lack of training or adequate equipment
- Fall from heights
- Electric shocks
How Barcan and Kirby can help
Our specialist employer’s liability claims solicitors have proven experience in helping employees and their loved ones claim compensation for an injury they sustained at work. We understand that making an employer’s liability claim is often the only way to get the financial support you need to get the treatment you need to aid your recovery and to replace any lost income.
Our personal injury lawyers are top-ranked by legal directories, Chambers and Partners UK and Legal 500. Some of our team members are also members of the Association of Personal Injury Lawyers (APIL).
Our employer’s liability expertise includes:
- Accidents involving machinery or equipment
- Back and spinal injuries
- Crushing injuries
- Falls from height
- Fatal workplace accidents
- Forklift accidents
- Head and brain injuries at work
- Industrial disease claims
- Slips and trips at work
- Warehouse and factory accidents
In addition to helping you make a claim, we can help you get the treatment and care you need to help you move forward. We work with specialists in injury rehabilitation and recovery, and can also recommend counselling services to help you come to terms with what has happened.
Case study | £10,000 for airport baggage handler who suffered repetitive strain injury to his shoulder
Employer’s liability claims FAQs
Most of the employer’s liability claims we deal with are funded using a conditional fee agreement (CFA), otherwise known as a ‘no win, no fee’ deal.
This means you will only need to pay a portion of our legal fees if your claim is successful and we win compensation for you. If no compensation is secured, generally you will not have to pay for the time we spend on your case.
The duration of an employer’s liability claim depends on various factors, including the complexity of the case (and your injuries), cooperation from your employer, the availability of evidence and whether a settlement can be reached outside of court.
In straightforward cases, claims can be resolved within 12-18 months, however, if there are severe or fatal injuries, or there is a dispute over liability, employer’s liability claims can take several years.
Your solicitor will advise you on likely timescales throughout your claim, keeping you informed on progress as best they can.
As an employee, you have the right to feel and be safe at work. If you are injured at work or become unwell as the result of your employer’s negligence, it is important to claim compensation, not only to help you in your recovery and to fund your losses, including loss of earnings, but to try and help ensure it doesn’t happen again.
If you or a loved one has been injured at work, call our personal injury solicitors on 0117 325 2929.
Employer’s liability insurance normally covers the cost of the compensation awarded for a claim and any associated legal fees.
Contact our employer’s liability claims solicitors
If you have been injured or had an accident at work that wasn’t your fault, our personal injury solicitors may be able to help you claim compensation. Call our friendly team on 0117 325 2929 or fill out our online form.