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Personal Injury at Work

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Issued on 15th October 2010

Personal Injury at works: Responsibility of Employers

In this article I will examine the responsibility and the duty, employer owes to thier employees in terms of health and safety at work place and the legislation that puts a legal obligation on the employers.

Employee's rights

The health and safety of employees is protected by regulations passed by both the UK Parliament and by the European Union which clearly outline the standards that employers must attain to ensure safety within the workplace.

All employers must be insured and must display an Employer's Liability Insurance Certificate. It is extremely difficult for an employer to escape liability if an employee is injured during the course of employment. Employers must act within the law and so far as is reasonably possible provide a risk free work environment with the following basic essentials:

i) a safe place to work
ii)appropriate equipment and training
iii) capable and safety conscious employees

The Law

The main legislation used to protect employees from harm cane be argued is Health and Safety at Work Act 1974 and it also requires employers is to carry out a risk assessment and to record any significant findings and thereafter to take appropriate action to implement the health and safety measures identified as necessary by the risk assessment.

However over the years as there has been change in technologies with it the work environment has changed following are some examples of legislation that have been adopted to take this into consideration.

a)  Personal Protective Equipment (PPE) Regulations 1992: Protective clothing and equipment.

b)  Management of Health and Safety at Work Regulations 1999: Risk assessments and Implementation of Protective measures.

c)  Health and Safety (Display Screen Equipment)Regulations 1992:

VDU safety regulations.

d)  Provision and Use of Work Equipment Regulations (PUWER) 1998:

Equipment and machinery safety.

e)  Manual Handling Operations Regulations 1992:

Physical movement of workplace objects.

f)  Health and Safety (First Aid) Regulations 1981:

First aid regulations.

g)  Noise at Work Regulations 1989:

Protection from industrial deafness.

h)  Workplace (Health, Safety and Welfare) Regulations 1992:

Maintenance and condition of the workplace environment.

Please note not of the above will apply to the every employers but if they do then failure to adhere to any of the above would mean that an employer will be strictly liable.

Conclusion

As an employee has certain duty to his employers (most of which would be contained within his/her contract of employment) an employer has a duty and legal obligation to provide a safe working environment for his employees to carry out his employment. If those legal obligations are not fully complied with then and employer may be sued by employee and in worst case an employer may be fined or even face criminal prosecution.

Syed Rashidul Islam is a Trainee Solicitor with Lawdit Solicitors and can be contacted by email rashidul.islam@lawdit.co.uk


About the Author

Lawdit Solicitors offer services and advice for litigation, commercial contracts, Intellectual Property and IT legal agreements. We are experts in commercial law with a heavy emphasis on Intellectual Property, Internet and e-commerce law. Lawdit is a member of the International Trademark Association, the Solicitors' Association of Higher Court Advocates and we are the appointed Solicitors to the largest webdesign association in the world, the United Kingdom Website Designers Association.



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Article Published/Sorted/Amended on Scopulus 2010-11-02 12:12:41 in Legal Articles

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