There are some people, much like myself, who are at low risk of being injured in the workplace. Working in an office means I’m rarely exposed to any dangers. There are those occupations where the workplace can be a far more dangerous place, and working as a mechanic is definitely one that can fall within this category.
So let’s look at some rules and regulations and where you may be able to make a claim for personal injury compensation as an injured mechanic.
Some common examples
As a firm of specialist personal injury lawyers we’ve made many successful claims for compensation for mechanics injured in the workplace. Some common examples can be:
- Slips on oil or water on the ground
- Manual handling injures from lifting heavy parts, tyres, or equipment
- Injuries caused by defective or unsuitable equipment, or a lack of training in use of such equipment
- Injuries caused by the negligence of a fellow colleague
- Burns or shocks from electrical components or chemicals
- Cuts caused by sharp parts of cars
We have loads of health and safety rules and regulations that employers must adhere to, so to prevent any of the above happening, an employer must be very savvy when it comes to knowledge of health and safety law.
A slip can be a breach of The Workplace (Health, Safety and Welfare) Regulations where regulation 12 (2)(a) states:
the floor, or surface of the traffic route, shall have no hole or slope, or be uneven or slippery so as, in each case, to expose any person to a risk to his health or safety
Training and systems of inspection and maintenance can be used to prevent such incidents, but you can also argue that mechanics should be provided with safety boots with strong grip to prevent slips because of the likelihood that the floor may be contaminated with grease and water. We have The Personal Protective Equipment at Work Regulations that cover this, and they can also be applicable for injuries caused by burns and cuts as gloves ought to be provided and worn. Coveralls can protect other areas of the body and can also be classed as such equipment.
Regulation 4.(1) states
Every employer shall ensure that suitable personal protective equipment is provided to his employees who may be exposed to a risk to their health or safety while at work except where and to the extent that such risk has been adequately controlled by other means which are equally or more effective.
The duty is clear.
When it comes to work equipment we have The Provision and Use of Work Equipment Regulations of which states the most relevant parts are perhaps:
5. (1) Every employer shall ensure that work equipment is so constructed or adapted as to be suitable for the purpose for which it is used or provided;
and
6. (1) Every employer shall ensure that work equipment is maintained in an efficient state, in efficient working order and in good repair.
If you are injured because equipment is dangerous or defective, or is unsuitable for the job, you may have a claim for compensation. Whether it’s a handheld tool or a large piece of fixed machinery to raise cars or fix tracking, they are all covered by the regulations. You must be properly trained in how to use the equipment safely as well.
When it comes to lifting injuries, we have The Manual Handling Operations Regulations which essentially puts the duty on your employer to remove the need for manual handling where possible. Where it cannot be avoided, any such tasks need to be thoroughly risk assessed and only properly trained staff should be performing such tasks. The weight and size of the object need to be considered, as does any route in which a load needs to be lifted, and the amount of employees involved needs to be assessed as well.
So as you have probably gathered, there are a lot of rules that can apply and we only need to prove that one such rule has been breached that causes an injury. If we can prove this, you can make a claim for personal injury compensation.
For free help and advice call us now on 0800 634 75 75.
Source: www.legislation.gov.uk
