Many people spend a large proportion of time at work; therefore it is essential that the employer provides a safe working environment. Considering how much time people spend working, it is essential that the working environment is as safe as possible. Nonetheless, workplace and industrial accidents are commonly reported on a regular basis. A common everyday occurrence, according to the statistics, there are about 1.6 million injuries each year and 2.2 million cases of ill health caused or made worse by work. This figure is an alarming reflection of some employers failing their employees in protecting them from potential hazards, is a staggering figure, therefore it is important that the employee has the right to claim damages if they are the victim of an unfortunate accident or injury. When an accident or injury occurs, the employee is able to obtain the best advice possible and claim damages against their employer.

An employee may be entitled to claim damages against their employer as a result of being injured at work. There are certain conditions that an employer should adhere to in providing a duty of care to their employees. These usually include: employer is responsible for owing a duty of care to their employees. This includes:

Checking the suitability of the working environment

Providing the employee with safe materials and equipment

The Health and Safety at Work Act'74 states that 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. Therefore, the burden is on the employers to ensure non-hazardous and safe working environments for their employees.

The most common causes for accidents and injuries at work occur due to the negligence on the part of the employer in ensuring that their employees are handling safe working materials.

Regulations Impact of'98

According to the Work Equipment Regulations'98 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. One method of minimizing risk and injury to the employee is to carry out assessments on the machinery and premises, and to communicate potential health hazards to the employees. As the employer is responsible for the machinery, necessary assessments should be taken in order to minimize potential health risks for the employee.

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 any areas of concern are found as part of the assessment proceedings, as part of the assessment proceedings, the employees should have a right to be notified of any risks to their health and safety highlighted by the assessments.

Defence of Contributory negligence as a defence for employers

If an accident or injury does occur at work, if the employer can prove that the employee was partially responsible for their own injury, then the employer may have a defence. This is called the defence of contributory negligence. This can be used in cases where the employee has failed to listen to the repeated warnings from their employer on potential health hazards. The amount of damages claimed will be based on the employees share of the liability for the accident.