A common law duty on employers to ensure that they take reasonable care of their employees’ safety and health while at work has existed for long in support of the extensive health and safety legislation body that is constantly amended. In light of this, courts consistently rule that an employer is deemed to have discharged their care duties if they do what a prudent and reasonable employer would do to protect their employees in all circumstances. The scope of an employer’s obligations fall under 4 categories; the employer is required to provide employees with competent workmates, safe work spaces, safe work systems, and proper working equipment that fits the purpose.
However, the extent of an employer’s obligations is decided by determining and employee’s age, work experience, and knowledge of the assigned task. Meaning that, an employer may not be obliged to compensate an unseasoned newbie who gets injured at work. On the other hand, a veteran employee with years of experience and expertise is likely to be awarded a hefty compensation should a work place injury occur. It is upon an injured employee to convince the court that they suffered injuries and deserve to be compensated. Hence, the need for a competent and experienced work place injury solicitor Dublin. Moreover, it is important for the affected individual to gather as much evidence as possible to prove that their employer failed to provide workplace health and safety should the employer deny liability in court.
The Health and Safety Legislation
The 2005 Health, Safety and Welfare as Work Act states the applicable statutory framework on how to secure that health, safety and wellbeing of employees while at work. The act imposes general organizational arrangements and duties that employers should achieve to ensure health and safety for their employees through preventing illnesses and accidents. Section 8 of the act states that an employer is obliged to do everything possible, reasonable and practical to guarantee the health, safety and welfare of all employees while at work.
Though the health and safety legislation has enhanced the workplace protections that employees are entitled to, an employer can deny liability for a work place injury. In such a case, an individual will require to hire a work place injury solicitor Dublin to help them prove before the court that the employer breached their statutory duties.
Evidently, legal frameworks that support employee health and safety at work are in place. However, employees cannot be guaranteed compensation upon suffering injuries while at work whether the employer was at fault or not. That is why it is important to ensure that expert legal advice from an experienced work place injury solicitor Dublin is taken as early as possible or immediately the injury occurs. This ensures that you file a successful work place injury compensation claim should your employer fail to accept responsibility for your injury.