There are many ways you can be injured by a broken or defective door in the workplace. It could suddenly jam mid operation, causing a jarring injury to your back or limbs. It could break off and hit you. It could slam shut and hit you or trap a part of your body if a slow release mechanism fails.
But what are your rights when it comes to making a claim for personal injury compensation if you are injured due to a defective or broken door in the workplace?
Your Rights
As is common when it comes to workplace accidents, the applicable law in these kinds of circumstances would normally be The Workplace (Health, Safety and Welfare) Regulations 1992. The degree and depth of the regulations that are covered for workplace health and safety are huge, and there are specific regulations that cover doors.
They read as follows:
18.(1) Doors and gates shall be suitably constructed (including being fitted with any necessary safety devices).
(2) Without prejudice to the generality of paragraph (1), doors and gates shall not comply with that paragraph unless-
(a) any sliding door or gate has a device to prevent it coming off its track during use;
(b) any upward opening door or gate has a device to prevent it falling back;
(c) any powered door or gate has suitable and effective features to prevent it causing injury by trapping any person;
(d) where necessary for reasons of health or safety, any powered door or gate can be operated manually unless it opens automatically if the power fails; and
(e) any door or gate which is capable of opening by being pushed from either side is of such a construction as to provide, when closed, a clear view of the space close to both sides.
Legislation: www.legislation.gov.uk
The first part is to generally show that there is a duty of care owed by an employer when it comes to doors. Essentially you shouldn’t be injured in the workplace due to a door. An employer should inspect and maintain doors and should ensure that any defective or broken doors are either cordoned off and not used or rectified immediately.
Can You Claim
If you are injured due to your employer breaching health and safety regulation, you may have a successful claim for personal injury compensation. Proving breach of duty of care is one of the main ingredients to wining a claim. If your employer has failed to abide by a specific regulation, you may have a winning claim.
We would probably be able to investigate the claim on a No Win, No Fee basis and we can offer you a 100% compensation agreement for work accident claims. So give us a call on 0800 634 75 75 for specialist advice and representation today.
