Negligence Claims in the Workplace
Have you been affected by the negligence of someone at work?
It is important to understand the word negligence. Negligence is the word used to define careless or reckless behaviour. In terms of the law in England, negligent behaviour often results in the responsible party being punished through either a fine or imprisonment for more serious cases.
If you want to make a claim for compensation against a negligent party you should seek legal advice from a negligence claims solicitor. Negligence claims can be made for the workplace or for accidents that occur outside of work.
Negligence in the workplace itself should be avoided at all costs because professionals and individuals or organisations who share a common duty of care should be held up to this high standard and should not get away with negligence.
In UK legislation, for a person who is liable for negligence in the workplace to be claimed against, they must:
- Have demonstrated a breach in their duty of care
- Shown lack of care through specific actions which do not conform to expected standards
- Actions or behaviour have caused the damage (causation)
- Have chosen to ignore the problem although they could see it approaching (foreseeability)
It is important that before pursuing your claim for compensation, you consult with a solicitor who will be able to ascertain whether you have a clear winning case. If you do have a strong case, the solicitor is likely to offer you a no win no fee (conditional fee) agreement, which means that you will not have to pay any legal fees.
Once you have chosen a solicitor it is important to provide as much evidence for the preparation of your case as possible. The solicitor will require this evidence before they are able to calculate your compensation. It is therefore wise to keep any records, or copies or relevant records (for example, an accident book at work) in your own possession, if events do turn into a dispute.
Alternative Dispute Resolution
Not all cases are settled in court, by any means. It is desirable for any negligence case to reach a resolution outside of court as this process is less expensive than the heavy legal fees associated with the court room. Alternative dispute resolution (ADR) methods can be used for you and the other party to reach a desirable outcome.
Demonstrate your willingness to cooperate with the other party
It is important that you attempt to explore other avenues for settling the dispute, for if your case does reach court, you may need to demonstrate your willingness to cooperate with the other party. The court will want to see that you and the other party have made an effort outside of the courtroom to settle the dispute.
However, if the nature of the accident is more serious, for example, a doctor has incorrectly diagnosed an illness which has affected your income and your personal life, you should speak to an experienced negligence claims solicitor who will be able to guide and advise you on the approach you should take.
If you feel your employer has demonstrated negligence in the workplace which has resulted in an accident or an unsafe work environment, you should try to speak to them and voice your concerns. You may also wish to ask your fellow employees if they feel the same way.
The chances are that if you feel your employer is being negligence, other employees also have the same thoughts. You should always try to resolve the problem with the responsible person in question before taking the matter any further. You may wish to seek legal advice prior to discussing the issue with the responsible person simply to clarify from a legal point of view that their behaviour is negligent.
If they fail to cooperate or see that there is a problem, this is when you should consult with a solicitor about the issue at hand.