There are many workplaces where vehicles are present, and it is important for employers to comply with key health and safety legislation that can, in reality, keep employees alive in the workplace.
Yards where lorries may be manoeuvring around; factories with forklift trucks darting between aisles; construction sites where tractors and mobile plant equipment may be on the move – they are all clear and significant dangers.
So as a victim who is hit by a vehicle in the workplace, what are your rights for claiming compensation for a work injury?
There are loads of workplace health and safety rules and regulations and many of them encompass ensuring that people are not injured by vehicles in the workplace. Possibly one of the more notable ones is Regulation 17 of The Workplace (Health, Safety and Welfare) Regulations. Quite simply, this reads as:
17.—(1) Every workplace shall be organised in such a way that pedestrians and vehicles can circulate in a safe manner.
The regulations go in to further details about things like separation of areas and workplace modification, but let’s just keep things simple given the rather clear underlying concept of the duty the regulations are trying to impose. Simply put, the employer is directly responsible for ensuring that workplaces are organised in such a way that allows pedestrians and vehicles to move without causing harm to anyone.
If they fail to uphold this duty then they are liable to compensate you if you have been injured as a result of their negligence. Whether it’s a case of failing to mark out specific routes for vehicles and pedestrians, or where the view of drivers of vehicles is obscured resulting in danger, the employer can be liable.
The notion of vicarious liability means that the employer is liable where the negligence of one of their employee has cased an injury to someone else. Simply put, you needn’t worry about suing your workmate for driving in to you – the employer should still cover you through their insurance. All we do when we take on the claim is pursue the insurers who are there to cover your employer – it’s nothing personal! The insurance is there to cover you and we will access the compensation you rightfully deserve!
For help and advice call 0800 634 7575 today.
