A large proportion of time can be spent at work for many people. Therefore the working conditions should be of an excellent standard for the employee. In spite of this, many accidents and injuries occur on a regular basis. It has been reported that, there are around 1.6 million injuries each year and 2.2 million cases of ill health caused or made worse by work. These figures are alarming, thus it is essential that when an injury or accident occurs, the employee is able to attain the best advice possible and claim damages against their employer.

If the employer fails in their duty of care to their employee, the employee should be able to claim damages. Certain factors will need to be taken into consideration. These will include:

Ensuring a safe working environment

Providing safe premises and appropriate materials and equipment

According to the Health and Safety at Work Act 1974 It shall be the duty of every employer to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all his employees. The employer should take all the steps possible in ensuring that the employees are working in Thus the burden is on the employers to ensure safe and non-hazardous working environments for their employees.

The most frequent accidents and injuries that crop up at work are usually due to the negligence on the part of the employer in providing safe working materials.

Regulations Impact of 1998

In reference to The Work Equipment Regulations 1998 Act work equipment is defined as meaning any machinery, appliance, apparatus, tool or installation for use at work (whether exclusively or not). Use in relation to work equipment means any activity involving work equipment and includes starting, stopping, programming, setting, transporting, repairing, modifying, maintaining, servicing and cleaning. The employer is personally responsible for ensuring that the necessary assessments are done to reduce the potential for accidents or injuries occurring at work.

The employer should make certain that the equipment provided will be fitting for its purpose, and appropriate steps should be taken to reduce any risks of any effect the machinery/equipment may have on the health of the employee. In carrying out these assessments the employer should observe:

The general working environment

Any potential risks caused by the premises and;

The equipment and its reliability Specific use of the equipment

If the assessments highlight any areas of concern, then this should be communicated clearly to the employees as they should be made aware of any potential health risks to their well-being

Defence of Contributory negligence as a defence for employers

A common example of this is when the employee ignores the employers training on lifting heavy objects safely. The damages will have to reflect the employees share of the responsibility for the accident.Employers will be able to use the defence of contributory negligence if it can be demonstrated that the employee was at least partly responsible for their own injury. An instance of this is when the employee fails to heed the training of the employer on lifting heavy objects safely. The damages will be based on the employees share of the liability for the accident.