Workplace Accidents

Employers are obliged to provide safe workplaces for their employees.

When in the workplace there is a legal obligation on the employer to ensure employees are in a safe environment.

Where machinery is involved, employees must be provided with training in the safe use of equipment and machinery. Employers must be satisfied that all precautions have been taken to ensure the avoidance of injury to their employees.

An employer has a Duty of Care to employees; but employees, too, should not be careless in the operation of machinery. In such cases, any injury that results might have any compensation reduced due to a contribution to the injury by the careless employee. Just because there is an accident in the workplace, it does not automatically follow that the employer is always to blame.

There is almost no end to the kinds of workplace accidents from which injuries can occur but below are examples:

• Injury to eyes
• Tripping on loose carpet
• Injuries caused by faulty equipment or machinery
• Injuries arising from poor training in machinery
• Injuries from company owned cars, truck-lifts etc
• Injuries from poor electrical wiring
• Injuries incurred from heavy lifting
• Injuries incurred from wet/slippery floors

Responsible employers will have insurance coverage in place to cover accidents at work. While the employer can recover compensation from such insurance coverage, they should investigate any cases thoroughly before claiming as their annual policy premium could substantially increase from accident claims.

It is important that claims made are genuine and not frivolous. The courts have become very strict on exaggerated claims and such cases can be dismissed leaving the claimant with a hefty legal costs bill to face if not perhaps a double set of costs