Workplace accidents are common in the UK. According to the Health and Safety Executive, approximately 111,000 non-fatal workplace injuries were reported under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 (RIDDOR) in 2011/2012. Many thousands more injuries are thought to have gone unreported, costing the British economy some 27 million working days (including work-related illnesses).
That accidents occur in the workplace is not unusual. Accidents are an ordinary consequence of life. Employers in the UK, however, are bound by a legal duty to ensure that employees (and affected non-employees) are kept safe in the workplace. This duty, outlined by legislation but shaped by the common law, is by no means rigid or absolute. Various legal tests exist to ensure that any claim for compensation made against an employer succeeds only if negligence can be established. But should workers claim at all?
Biting the Hand
One reason why so many workplace accidents are thought to go unreported is that workers are scared. The prospect of being made unemployed, perhaps even unemployable, is enough to deter many people who have suffered a workplace injury from taking further action. Taking an employer to court may not be easy, but the law does provide protection for claimants who fear for their jobs.
An employer who is found guilty of negligence will usually be required to pay compensation to the victim, who would not necessarily lose his or her job as a result of making a claim. Unless the worker has a temporary contract, the employer would need to find a legally justifiable reason for ending his or her employment. Workers can take their employers to tribunal over claims of unfair or constructive dismissal, so a compensation claim in itself does not necessarily threaten employment but it may impact on it negatively in a more indirect way.
The Future
Some types of accident cannot be overlooked in terms of making a claim for compensation. Many workers or their families are compelled to make a claim for a head injury at work, for example, because they simply have no alternative. Head trauma, amputations and other life-changing injuries tend to attract huge settlements. This is because the law aims to restore the claimant’s former position to whatever extent may be possible. In the event of a workplace accident claim, the court cannot undo the injury, but it can ensure that the person or organisation responsible provides adequate compensation.
Damages are quantified in a number of ways. The severity of an injury and the time it takes to heal are important factors. The claimant’s quality of life and capacity to work will also be considered, in addition to any special requirements such as the need for round-the-clock care, expensive medication or home modifications (e.g., wheelchair access). The courts assess each claim on its merits.
Many people have no choice but to make a claim for compensation following an accident at work. There is, of course, one other reason why all injured workers should consider pursuing legal action: doing so encourages employers to improve safety in the workplace.