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After suffering anaccident at work, it is common for an employee to question whether they are entitled to workplace accident compensation . The short answer to such a question is always going to be 'perhaps', as the success of workplace accident claims tend to hinge on their facts; for example, if an employee was himself negligent in causing the accident, claiming compensation is unlikely to be a viable option, whereas in almost all other cases it probably will be. Nevertheless, there are some important points to consider before an individual decides to push forworkplace accident compensation.
The first and most obvious question that should be asked by a person who suffers an accident in the workplace is simply "who caused it to happen?". Many people become confused over this question, however, as it is not always easy for a layperson to appreciate the nuances of causation in this context. First, it should be noted that employers have a statutory duty under section 2(1) of the Health and Safety at Work etc Act 1974 to "ensure, so far as is reasonably practicable, the health, safety and welfare at work of all his employees".
Employers also have a duty of care under the common law and, in regard to workplace accident claims , any negligent act or omission causing injury is subject to a remedy in the form of compensation. However, victims ofaccidents in the workplacemust also consider whether they acted negligently to cause the accidents, as employees are under a similar statutory duty of care as their employers. In all cases it is important to seek the advice of an accident at work solicitor .
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