Understanding Your Employer’s Duty to Keep You Safe at Work
Every employee has the right to work in an environment that is as safe and healthy as reasonably possible. In the UK, the Health and Safety at Work etc. Act 1974 forms the foundation of workplace health and safety law, placing clear legal duties on employers to protect the wellbeing of their workforce.
When employers fail to meet these responsibilities, workplace accidents and occupational illnesses can occur. In some cases, employees who suffer injuries because of their employer’s negligence may be entitled to claim compensation.
At Harris Fowler Solicitors, our experienced workplace accident solicitors help employees understand their legal rights and pursue compensation where an employer has failed to provide a safe working environment.
What Is the Health and Safety at Work Act?
The Health and Safety at Work etc. Act 1974 (HSWA) is the primary piece of legislation governing workplace health and safety in Great Britain.
Its purpose is to protect:
- Employees
- Self-employed workers
- Contractors
- Agency workers
- Visitors
- Members of the public who may be affected by workplace activities
The Act requires employers to take reasonably practicable steps to reduce risks and prevent accidents in the workplace.
What Are an Employer’s Main Responsibilities?
Employers have a legal duty to protect the health, safety, and welfare of their employees while they are at work.
This duty extends across every industry, including offices, factories, warehouses, construction sites, hospitals, schools, retail premises, and manufacturing environments.
Key employer responsibilities include the following.
Providing a Safe Working Environment
Employers must ensure that workplaces are maintained in a condition that is safe for employees and visitors.
This includes:
- Keeping floors free from hazards
- Maintaining safe access and exits
- Providing adequate lighting
- Ensuring good ventilation
- Managing workplace traffic routes
- Maintaining clean and hygienic facilities
Poor workplace maintenance can significantly increase the risk of slips, trips, falls, and other preventable accidents.
Carrying Out Risk Assessments
One of the most important employer responsibilities is identifying workplace hazards before they cause harm.
Suitable and sufficient risk assessments should:
- Identify potential hazards
- Assess who may be harmed
- Evaluate the level of risk
- Introduce appropriate control measures
- Be reviewed regularly
Where working practices change, employers should update risk assessments to reflect any new risks.
Providing Safe Equipment
Employers must ensure that machinery, tools, vehicles, and other workplace equipment are:
- Suitable for the task
- Properly maintained
- Regularly inspected
- Safe to operate
Faulty or poorly maintained equipment can result in serious injuries, particularly in construction, manufacturing, engineering, and agricultural workplaces.
Providing Information, Instruction and Training
Employees should receive appropriate health and safety training before carrying out their duties.
Training may include:
- Safe manual handling techniques
- Working at height procedures
- Machinery operation
- Fire safety
- Emergency procedures
- Chemical handling
- Use of personal protective equipment (PPE)
Training should be refreshed where necessary and updated whenever working practices change.
Providing Personal Protective Equipment (PPE)
Where risks cannot be eliminated by other means, employers may be required to provide suitable PPE free of charge.
Examples include:
- Safety helmets
- Protective footwear
- High-visibility clothing
- Gloves
- Eye protection
- Hearing protection
- Respiratory protective equipment
Employers must also ensure PPE is properly maintained and replaced when necessary.
Preventing Workplace Hazards
Employers should take reasonable steps to control known workplace hazards, including:
- Slippery surfaces
- Hazardous chemicals
- Dangerous machinery
- Manual handling risks
- Working at height
- Electrical hazards
- Fire risks
- Workplace violence
- Excessive noise
- Exposure to harmful dust or fumes
Preventative measures often significantly reduce the likelihood of accidents occurring.
Consulting Employees on Health and Safety
Employers should consult employees or their representatives on matters affecting workplace health and safety.
This may involve discussing:
- New equipment
- Changes to working practices
- Identified workplace risks
- Proposed safety improvements
Employee involvement helps create a stronger safety culture and encourages hazards to be identified early.
Providing Adequate Welfare Facilities
Employers must provide suitable welfare facilities, including:
- Toilets
- Washing facilities
- Drinking water
- Rest areas
- Facilities for eating meals where appropriate
These provisions contribute to employees’ health, wellbeing, and overall working conditions.
Reporting Serious Incidents
Certain workplace accidents, dangerous occurrences, and occupational diseases must be reported to the relevant authorities under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (RIDDOR).
Employers also have a responsibility to investigate incidents and take appropriate action to reduce the risk of similar events occurring in the future.
What Happens if an Employer Fails to Meet Their Responsibilities?
When employers fail to comply with their legal duties, employees may suffer:
- Slips, trips and falls
- Falls from height
- Machinery accidents
- Manual handling injuries
- Crush injuries
- Burns
- Chemical exposure
- Electrical injuries
- Occupational illnesses
- Psychological injuries
In addition to enforcement action by the relevant authorities, injured employees may have the right to pursue a personal injury compensation claim where negligence has caused harm.
Can You Claim Compensation Following a Workplace Accident?
You may be able to make an accident at work claim if:
- Your employer owed you a duty of care.
- They breached that duty by failing to maintain appropriate health and safety standards.
- The breach caused your injury or illness.
Examples of employer negligence may include:
- Failing to carry out risk assessments
- Inadequate training
- Poor supervision
- Failure to provide PPE
- Unsafe working practices
- Faulty equipment
- Poor maintenance of workplace premises
A successful compensation claim can help recover damages for pain and suffering, loss of earnings, medical expenses, rehabilitation, and future care needs where appropriate.
Can You Claim if You Still Work for Your Employer?
Yes.
Many employees worry that making a compensation claim will affect their job or relationship with their employer.
However, employers are legally required to hold employers’ liability insurance, which is designed to cover compensation claims arising from workplace injuries.
Employees are also protected by employment law, and employers should not dismiss or unfairly treat someone simply because they have made a legitimate personal injury claim.
How Harris Fowler Solicitors Can Help
At Harris Fowler Solicitors, we understand how a workplace accident can affect your health, finances, and future.
Our experienced workplace accident solicitors can:
- Assess whether your employer may have breached their legal duties.
- Gather evidence to support your claim.
- Obtain independent medical evidence.
- Calculate the full value of your compensation.
- Guide you through the claims process from start to finish.
Where appropriate, we can also advise on No Win No Fee funding options, helping you pursue your claim with confidence.
If you have been injured because your employer failed to meet their health and safety responsibilities, you may be entitled to compensation.
The specialist personal injury solicitors at Harris Fowler Solicitors can explain your legal rights, assess your circumstances, and help you pursue the compensation you deserve.
Contact our team today on 0800 213 214 to discuss your workplace accident claim.
Frequently Asked Questions
What is the Health and Safety at Work Act?
The Health and Safety at Work etc. Act 1974 is the main piece of legislation governing workplace health and safety in Great Britain. It places legal duties on employers to protect the health, safety, and welfare of employees and others affected by their work activities.
Does every employer have health and safety responsibilities?
Yes. Every employer has a legal duty to take reasonably practicable steps to protect employees, regardless of the size of the business or industry.
Can I claim compensation if my employer failed to provide safety equipment?
Potentially. If the lack of suitable personal protective equipment or other safety measures contributed to your injury, you may have grounds to make an accident at work claim.
How long do I have to make a workplace accident claim?
In most cases, you have three years from the date of the accident or the date you became aware that your injury was caused by your employer’s negligence to begin legal proceedings. Seeking legal advice as soon as possible can help preserve evidence and protect your right to claim.
