Safety at Work - Your Right
Every employee has the fundamental right to be safe while at work.
Although accidents can happen, employers have a legal responsibility to ensure that risks are minimised to the greatest extent possible.
Over the years, health and safety legislation has played a key role in protecting workers from harm. As a result, workplace fatalities and injuries have significantly declined. However, accidents still occur, and when they do, it’s important for employees to understand their rights and the obligations of their employers.
Whether it's workplace accident statistics, an employer’s duty to prevent accidents at work, rights when visiting a workplace, or clarifying what is a workplace, knowing these aspects is vital for any worker seeking compensation after an injury.
Workplace Accident Statistics
Despite advances in workplace safety, accidents remain a persistent issue across various sectors. According to recent workplace accident statistics from the Health and Safety Executive (HSE), there were around 693,000 workers in the UK who suffered a non-fatal injury during 2019/20, with 168,000 of these cases leading to more than seven days of absence from work. These statistics highlight the importance of ongoing vigilance and the need for continued adherence to health and safety protocols.
Beyond non-fatal injuries, 142 fatal accidents were reported in 2020/21. Construction, agriculture, and manufacturing remain some of the highest-risk sectors, accounting for a significant percentage of these fatalities. EU-wide figures from 2018 show that over 3 million workers suffered work injuries requiring more than four days of absence, and there were 3,332 fatal accidents at work across the region. The construction industry alone accounted for over 20% of all fatal accidents, followed closely by transportation, manufacturing, and agriculture.
In terms of economic impact, workplace injuries take a toll on both individuals and society at large. In the UK, over 38.8 million working days were lost in 2019/20 due to workplace injuries and illnesses, with the total cost to the economy reaching billions of pounds. While workplace accident statistics show a general downward trend in injury rates, these numbers indicate that there is still much work to be done to improve safety standards, particularly in high-risk sectors.
Employer’s Duty to Prevent Accidents at Work
Employers are legally obligated to do everything reasonably practicable to protect their workers from harm. This duty is enshrined in various pieces of legislation, most notably the Health and Safety at Work Act 1974. This Act forms the foundation of workplace safety in the UK and is supported by other regulations such as the Management of Health and Safety at Work Regulations 1999 and the Workplace (Health, Safety, and Welfare) Regulations 1992. Together, these laws ensure that employers take all necessary steps to prevent workplace accidents and injuries.
In practical terms, an employer’s duty to prevent accidents at work includes:
- Risk Assessments: Employers must regularly conduct risk assessments to identify potential hazards in the workplace and take measures to mitigate them. This process involves evaluating both the physical environment and the tasks employees perform.
- Health and Safety Policies: A clear health and safety policy should be in place, outlining who is responsible for implementing safety measures and how risks will be controlled.
- Training: Providing adequate training is essential to ensure that employees understand how to manage risks and work safely. Regular training updates should be provided to keep staff informed of new procedures or changes in regulations.
- Providing Facilities: Employers must provide appropriate facilities, such as toilets, washing areas, drinking water, and rest areas, to ensure a clean and safe environment.
- Reporting Accidents: In the event of a serious accident, employers are required under the Reporting of Injuries, Diseases, and Dangerous Occurrences Regulations 1995 (RIDDOR) to report incidents to the relevant authorities. This ensures that accidents are properly investigated and measures are put in place to prevent future occurrences.
Employers who fail to meet these responsibilities may be liable if an employee is injured. If you’ve been injured due to your employer’s negligence, you may be able to pursue compensation for your pain, suffering, and any financial losses incurred.
Rights When Visiting a Workplace
Health and safety laws do not only apply to employees; they extend to protect visitors, contractors, maintenance workers, and members of the public who enter a workplace. The rights when visiting a workplace are governed by various regulations, including the Provision and Use of Work Equipment Regulations 1998 and the Manual Handling Operations Regulations 1992. These laws ensure that anyone visiting a workplace is safeguarded from injury, as long as they follow any necessary safety precautions outlined by the employer.
For example, if a visitor is required to wear personal protective equipment (PPE), such as a hard hat or high-visibility jacket, it is their responsibility to comply with these instructions. However, if an accident occurs because the employer failed to maintain safe premises, the injured visitor may be entitled to compensation.
Visitors should also be informed of any hazards in the workplace and be provided with clear directions on how to avoid them. Employers are obligated to provide safe and clear pathways, adequate lighting, and signage to prevent accidents. If a visitor is injured due to unsafe conditions, such as a wet floor or unstable scaffolding, the business may be liable for any damages incurred.
What is a Workplace? Can I Make a Claim?
Understanding what is a workplace is key to determining whether you can make a claim after an accident. Legally, a workplace encompasses any area where you perform your job, including rooms, corridors, lobbies, staircases, and external pathways within the premises. It also includes access routes, such as car parks or walkways leading to the building, provided these areas are within the employer's control.
The Workplace (Health, Safety, and Welfare) Regulations 1992 cover these areas, and employers are required to ensure they are safe for employees, visitors, and contractors. For example, if you slip on an icy pathway leading into the office, and the employer failed to grit the area, you may be entitled to claim compensation.
The regulations also extend to other premises you visit in the course of your employment. If you are injured while visiting another company's premises for work-related reasons, the employer or owner of that premises may be liable for your injury, provided they failed to meet health and safety standards.
However, the regulations do not apply to domestic settings or certain industries, such as ships or building operations involving specific construction tasks. In these cases, other regulations may apply, such as the Health and Safety at Work Act 1974 or industry-specific safety guidelines.
If you’ve been injured in a workplace accident, it’s important to speak with a solicitor to determine if you are eligible to make a claim. Each case is unique, and the specifics of the incident will need to be carefully examined to assess liability.
Conclusion
Workplace accidents can have severe consequences, affecting not only the individual involved but also their families and livelihoods. From slips and trips to falls from height, machinery malfunctions, or exposure to hazardous substances, every employee and visitor to a workplace is entitled to a safe environment. Employers have a legal duty to protect their workers and visitors by following strict health and safety regulations.
If you’ve been injured in a workplace accident, understanding your rights is the first step toward seeking compensation. Whether it's a result of your employer's negligence, unsafe working conditions, or improper risk management, you may be entitled to financial recovery for your injuries. For free legal advice, contact Thompsons Solicitors and speak with one of our work injury experts today.
