Is it possible to make a compensation claim for work injury with no risk assessment against my employer?
Eoin P. Campbell, LL.B., Solicitor
Editor in Chief
In order to make a successful compensation claim for work injury with no risk assessment, it must be established that the injury you sustained was due to your employer’s negligence as, in almost all circumstances, employers owe a duty of care to their employees. A neglect to provide and maintain a safe working environment for staff – when it is proven that the employer did not take the precautions they are obligated to administer to protect employees from possible injury, will almost certainly be grounds to pursue a work accident with no risk assessment compensation claim.
A claim for no risk assessment work injury may be possible if your employer could have “reasonably” known about the hazard that caused your injury. An employer must conduct risk assessments in the workplace and have a system in place to ensure that the premises are frequently inspected. If your employer is found to have failed to fulfil his or her legal duty to ensure that the workplace was monitored for safety, there may be sufficient grounds for making a compensation claim for work injury with no risk assessment.
There are some general procedures that you should have carried out following the accident that resulted in your workplace injury, that if completed could benefit your claim. Your top priority should always be your health and immediately after the accident occurred you should have sought professional medical treatment. Not only will this step decrease the possibility of your injury being further exacerbated, the notes made in your medical records can serve as evidence in your claim for no risk assessment work injury.
You should also have had your accident documented in your employer’s Accident Report Book, as complications in a compensation claim for work injury with no risk assessment could arise without a written report of an accident.
For your work accident with no risk assessment compensation claim to be successful, the injury sustained must be from the negligence of your employer and it is fair to say that in the majority of cases where injuries are sustained in the workplace, it is possible to prove that the employer has not provided a safe workplace. Failure to administer a risk assessment constitutes a breach in your employer’s duty of care, thereby liability will likely be assigned to your employer and a claim for no risk assessment work injury could be made against him or her.
You would be strongly recommended in speaking with a personal injury solicitor who would be in the best position to confirm your eligibility to make a compensation claim for work injury with no risk assessment. Claiming compensation against your employer can be a delicate business and a solicitor can ensure that your case is handled sensitively to minimise any threat of conflict. Proving negligence in a case such as this can be difficult and your solicitor would be able to assist in the gathering of all relevant documents required. Additionally, once the specifics of your case have been evaluated, you will be advised on whether compensation can in fact be claimed.