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Employers are under a common law and statutory duty of care to ensure the safety of their employees, so the short answer to whether or not a person can claim for workplace injury compensation is 'probably yes'. In respect to the statutory duty of care affecting employers, section 2(1) of the Health and Safety at Work etc Act 1974 requires that they must ensure, so far as is reasonably practicable, the health, safety and welfare at work of all their employees. This duty further requires the employer to undertake a risk assessment in the workplace in order to identify and mitigate potential hazards. In regard toworkplace injury claims, however, employees will be more interested in the common law duty of care.
Under the common law, it is often simple to establish a duty of care between an employer and his employees. In accidents at work claims , the injured parties must be able to establish that this duty of care was breached by the defendants. This breach of the duty of care must also cause the injury in question, which requires a twofold test of legal and factual causation. In order to make a claim forworkplace accident compensation, it is important for the employee to be able to identify where the incident occurred and who caused it to happen. In the workplace, an injured employee must decide whether he or she acted negligently to cause the accident or whether the injury was caused through no fault of their own. In all cases, it is advisable to contact accidents at work solicitors to obtain professional advice.
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