In this article, we will explain:
- What an employer’s liability claim is
- Who can make a claim and when an employer is liable
- What compensation may be available and who pays it
- Time limits for making a claim
- Whether your employer will be informed, and whether fault or dismissal affects your rights
What is an employer's liability claim?
An employer's liability claim is a type of personal injury claim made by an employee who has been injured during the course of their employment. Under the Health and Safety at Work etc. Act 1974 ("the 1974 Act"), employers have a duty to ensure, so far as is reasonably practicable, the health, safety and welfare of all employees.
Employer's liability claims typically arise from slips and trips, falls from height, industrial diseases and psychological injuries such as Post-Traumatic Stress Disorder.
Who can make a claim?
Any employee can bring an employer's liability claim, regardless of whether you work full-time, part-time or on a temporary basis. Apprentices can also make a claim.
Self-employed individuals may be able to make a claim against a client if they are injured due to unsafe working conditions created or controlled by that client.
When is an employer liable?
An employer may be liable if they fail to meet their duties under the 1974 Act. This includes failing to maintain machinery and systems of work, ensure the safe use, handling and storage of materials, provide adequate training and supervision, offer safe access to and from the workplace or maintain a safe working environment. If any of these duties is breached and an employee is injured as a result, the employer may be held liable.
What compensation can I claim?
In Scotland, personal injury compensation is made up of different elements. Depending on the circumstances of your case, you may be entitled to claim for:
- Solatium - This accounts for the pain and suffering you have experienced as a result of the incident. The level of solatium depends on the severity of your injuries.
- Treatment costs - This covers medical treatment you have required as a result of your injuries, for instance, the cost of private physiotherapy or counselling.
- Services - This covers the assistance your friends and family have provided you during your recovery, for instance, help with housework and shopping.
- Loss of Earnings - This accounts for the loss of earnings if you were required to take time off of work due to your injuries. This might include past and future loss of earnings and pension loss.
Depending on the nature of your injuries, you may not be able to return to the same role. If you have to retrain for an alternative role, you may be able to include that cost as part of your claim.
Will my employer know I'm making a claim?
Yes. Your employer will be notified that you intend to make a claim. We will write to them outlining the circumstances of the incident and the nature and extent of your injuries. We will also ask them to confirm whether they admit fault. They have three months from receiving notification of the claim to investigate and respond.
Can my employer dismiss me for making a claim?
No. Your employer cannot legally dismiss you simply because you are making a personal injury claim. If this happens, you may have grounds for legal recourse under employment law.
Who pays the compensation?
Employers are legally required to have Employer's Liability Insurance. If your claim is successful, it is your employer's insurer who pays the compensation, not your employer.
How long do I have to make a personal injury claim?
In Scotland, a personal injury claim must be raised within 3 years from the date of the accident.
Can I claim if I was partly at fault?
Yes. You may still be able to claim even if you contributed to the incident. In these cases, contributory negligence may apply. This means your compensation may be reduced by a percentage that reflects your share of responsibility. The level of deduction will depend on the specific circumstances.
For specific, tailored advice on a potential claim, please contact the MFMac Personal Injury Team. You can call 0131 247 1000 for a free, confidential discussion.
