Breach Of Health And Safety At Work Claims

If you’ve suffered after a breach of health and safety at work in London and are seeking compensation, we can help.

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If you’ve been injured at work and believe a breach of health and safety at work led to your accident, then compensation could be due for any suffering you’ve endured. In this article, we discuss what counts as a breach of health and safety at work, eligibility criteria for claims, common examples across London workplaces, your responsibilities to report issues, and how to gather evidence for your claim.

At Personal Injury Solicitors London, our experienced solicitors can help you pursue a claim if your employer’s failure to uphold their health and safety duties has led to your injury. We’re equipped to support claims in all areas of London, whether you work in Canary Wharf, Croydon, Haringey, or along the busy corridors of the City.

If you think you might have a claim, read on. Alternatively, you’re always welcome to contact our team online or call 020 7362 2085 for immediate advice.

Can I Claim Compensation For A Breach of Health and Safety at Work?

You may be entitled to claim compensation if you’ve suffered an injury at work due to your employer failing to uphold their legal health and safety duties. Under the Health and Safety at Work etc. Act 1974, employers must take reasonable and practical steps to protect staff from harm. But when can you claim?

You usually meet the eligibility for a claim if:

You were owed a duty of care by your employer (as is almost always the case for employees or workers).
That duty of care was breached by your employer and caused an accident or set of circumstances; in which
You were injured or made ill.

Importantly, our solicitors offer a free initial consultation to check your eligibility to claim. Therefore, if you’d like to confirm that your case meets the criteria set out above, why not contact us today?

Typical Workplace Safety Breaches

Breach of health and safety at work takes many forms, and some types are alarmingly frequent across London’s workplaces. Here are typical scenarios that could give rise to a compensation claim:

Lack of training: Employers must ensure staff are adequately trained for their roles, especially when handling machinery or hazardous substances.
Faulty or inadequate equipment: Neglecting equipment maintenance or supplying outdated gear often causes injury.
Poor housekeeping: Spills left on floors along Oxford Street or cables trailing through an office in Camden can easily result in preventable slips, trips, and falls.
Missing or defective safety guards: Machinery should always have appropriate safety covers and guards in place.
Inadequate PPE (Personal Protective Equipment): Employers must make sure you have and use the right safety gear, from gloves and goggles to harnesses.
Failure to conduct risk assessments: Especially in busy sectors like construction and warehousing around Southwark or Stratford.
Ignoring reported hazards: Failing to act on accident reports or staff concerns breaches employer duties.

These are just a few common failings, but if you’ve experienced any of the above and suffered an injury as a result, you may have grounds to pursue an accident at work claim against your employer. For free advice about how to proceed, why not call today?

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Do I Need To Report Safety Breaches?

Yes, it’s important (and often legally required) to report any safety breaches or accidents at work as soon as possible. Not only does this help prevent future incidents, but it also strengthens potential compensation claims.

Make your report in writing or via official channels such as internal incident forms. Most companies must record such incidents in their accident report book (or on a computer system). Legally, you’re entitled to a copy of their report. You should keep this safe in case you decide to claim.

No Win No Fee Workplace Injury Claims

Personal Injury Solicitors London operate on a ‘No Win No Fee’ basis for every accepted workplace injury claims. That means:

You don’t pay upfront legal fees.
There’s no financial risk if your claim isn’t successful.
Solicitors only receive payment if your case is won.
This enables you to take action regardless of your current financial situation.

In all cases, we aim to take the stress out of claiming, so you can focus on recovery.

How Long Do I Have To Claim?

Generally, you have three years from the date of the accident (or from when you became aware of your injury) to start a compensation claim. Some exceptions apply:

If the injured party lacks mental capacity, there is no time limit at all (unless they recover that capacity).
Where a breach of health and safety at work leads to a fatality, dependants, the deceased’s estate, and others usually have 3 years to claim from the date of death (or knowledge that the death was caused by negligence).

Please call today if you’d like to confirm how long you have to start a claim.

How To Prove A Breach Of Health and Safety At Work Led To An Injury

Building a strong case for a breach of health and safety at work claim relies on the quality of your evidence. Here’s what you should gather to support your claim:

Accident report form: Officially logged with your employer as soon as possible.
Medical records: Hospital or GP notes showing the nature and extent of your injuries.
Photographs: Of the accident scene, equipment, hazards, or your injuries.
Witness statements: Contact details of those who saw the incident or the unsafe environment.
CCTV footage: If available in your workplace (common in offices and retail spaces across London).
Emails or messages: Any internal correspondence showing you raised concerns or an employer failed to act.
Health and safety records: Evidence the employer did (or didn’t) complete risk assessments or staff training.

Presenting a clear timeline, from the breach to the resulting injury, helps your solicitor prove that your employer’s failings directly led to your harm. If you don’t have everything listed here, please don’t worry. We’ll still assess your case for free and if it’s taken on, your solicitor may be able to secure any missing evidence on your behalf.

Frequently Asked Questions on Claiming After A Breach of Health and Safety at Work

What compensation can I expect for a breach of health and safety at work?

The amount of compensation you can receive depends on the severity of your injuries, the impact on your daily life and ability to work, and any financial losses such as lost earnings or expenses for treatment. Compensation is typically divided into ‘general damages’ for pain, suffering, and loss of amenity, and ‘special damages’ to cover financial costs. Your solicitor will guide you through the claims process and help assess your likely award based on similar cases.

Who pays the compensation if my claim is successful?

If your claim is successful, compensation will usually be paid by your employer’s liability insurance. All employers in the UK are legally required to have this insurance in place to cover such eventualities, so you won’t be claiming directly from your employer’s personal funds. This ensures you’re protected from any backlash and your employer can meet their legal obligations.

Will making a claim affect my job or working relationships?

It’s natural to worry about repercussions, but the law protects employees from being treated unfairly or dismissed for making a genuine health and safety claim. Employers are generally prohibited from retaliating, and most claims proceed without affecting your ongoing employment. If you do face any negative treatment, legal protections are available to support you.

Can a claim be made if a health and safety breach caused a long-term illness rather than an accident?

Yes, you can still make a claim if exposure to unsafe conditions led to a long-term illness, such as respiratory issues or repetitive strain injuries, rather than an immediate accident. As with other cases, you’ll need to show that your employer’s breach of health and safety duties directly caused your illness.