On occasions, the only way an employer could reasonably have known about a health and safety hazard is if someone reports it to them. But what happens if a problem is reported and nothing is done about it? Let’s say a leak is reported and not resolved? Or a loose step is reported and nothing is done about it? If someone has an accident involving a reported hazard, can a claim be made?
Reasonable Notice
The fact that the matter had been reported should act as reasonable notice of a problem. As such, the employer is duty bound to do all in their power to either rectify or make safe the issue as soon as possible. So in failing to act, they can be negligent if someone has an accident.
In fact, when it comes to the fact that your employer has had notice of a problem and failed to act on it, you should have very strong prospects of success for a case.
If someone else has had an accident on the same thing before you, and nothing is done which means you then have the same accident or are injured because of the same hazard, you also have strong prospects of success.
Basically, the employer has had reasonable notice of a problem and has failed to act on it!
How can you judge if your employer is “aware”
Reporting the matter to a senior colleague or someone in a position of responsibility should be sufficient; like a supervisor or a manager. If they then fail to report it to their seniors to get something done, your employer is still responsible. They cannot reasonably use the defence that a supervisor or manager failed to inform the correct person and as such they had no knowledge. In a literal sense, that may be true; but from a legal perspective, they are still duty bound.
Making a Claim
Making a claim is simple – we can usually offer a 100% compensation agreement for work accident claims. Give us a call now on 0800 634 75 75 today.
