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Accidents at Work: Who’s to Blame?

When you get injured at work it’s not always clear who’s fault it is. Employers have a duty of care to you as well as a legal responsibility to ensure you are protected from harm, however if you do have an accident, it is not uncommon for them to deny their responsibility. This can add extra stress on top of the physical pain you have suffered, prolonging your recovery and rehabilitation.

For many people, this makes bringing a claim against your employer somewhat intimidating but if the injury wasn’t your fault then your employer has breached their duty of care to you, and you need to ensure that your voice is heard.

All employers have a responsibility to protect their employees, and every step should have been taken to ensure that risks are kept to the minimum.

This includes steps such as ensuring equipment and tools are maintained to a safe condition, the workplace is tidy and free from hazards, and all employees have undertaken relevant training in health and safety.

However this is not always the case, and it is estimated that during 2011/12 591,000 workers had an accident at work. 212 000 of these injuries led to over 3 days absence from work and 156 000 to over 7 days (LFS).

Common workplace injuries included:

  • Injuries caused by dangerous machinery
  • Lifting injuries
  • Falls from heights
  • Forklift truck accidents
  • Exposure to dangerous chemicals or substances
  • Exposure to violent attacks
  • Slips and trips in the workplace


If your employer was entirely to blame for the occurrence of your accident then you can claim all damages, however it is entirely up to you to prove your claim. Witnesses, CCTV, reports and records will all help you to back you up.

Express solicitors know that making a claim against your employer can be stressful. They have dealt with a wide range of workplace injuries and can offer you their experience and expertise, helping you to establish who’s at fault, even if it’s not immediately clear.

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