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In the line of duty, as an employee, we are often asked to do things that may not form a part of our role specifically. I usually take the post as I can drive past the box to drop it in. I don’t mind as its no skin off my nose!

But what happens when you are asked to do something potentially dangerous? What happens if you do something that at the time may seem fine, but you actually end up injured? Well if you are asked to do something that breaches health and safety regulation, you may be entitled to make a claim for personal injury compensation if you are injured as a result.
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Many industries, particularly for construction, will involve the digging of deep holes, trenches or perhaps caverns. It doesn’t take a genius to understand that it is dangerous to be somewhere exposed to a risk of a hole, trench, or cavern collapsing inwards. You could end up seriously injured or worse…

So what if this happens to you? Perhaps you are in a hole and the walls collapse inwards causing an injury?

There is a general duty to ensure a person isn’t injured in the workplace. So if the accident could have been prevented, you may have a successful claim for personal injury compensation. Here are a few examples that can apply:
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As Christmas approaches, the retailers are going to inevitably load up their stockrooms as much as they can. I know this because the Christmas period is always one for shopping and spending, and I’ve worked in retail and seen just how much stock a large retailer will try and cram in their stockroom!

At the place I used to work at, I can tell you now that it was one huge health and safety hazard. As a college student with no legal experience, I couldn’t have told you that back then. But thinking of it now, I’m surprised more people weren’t injured!
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Our backs are very susceptible to injuries caused by lifting and poor manual handling technique. That’s why there are specific regulations that address the issue of manual handling in the workplace. These are covered in The Manual Handling Operations Regulations 1992.

The actual legislation for this is simple and to the point. The important part reads as follows:

4.(1) Each employer shall–
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Building sites are dangerous places; so making sure that health and safety is done right is of paramount importance. That’s why there are usually specific routes for pedestrians or workers to use when navigating a building site, and these are often referred to as Green Routes.

There should, in theory, be no danger to a person correctly using a green route on a building site. But that doesn’t mean that rules will not be broken, or people will fail to follow procedure.
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We recently did a blog about the duties owed by employers when it comes to the effectiveness and suitability of work equipment like roll cages and trolleys, and it’s something we have covered in the past as well. But as a firm of specialist injury lawyers who only represent victims for compensation claims, we’re used to winning all sorts of accidents that occur from a wide range of scenarios.

So here is an article about being injured due to a roll cage or trolley not because it is defective or unsuitable, but because of uneven ground.
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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.
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We take on a fair volume of claims for personal injury compensation when people are injured by roll cages. So let’s take a look at the law and how it can apply to see if you can make a claim from your employers insurance if you are injured as a result of a defective or dangerous roll cages.

The Law

A roll cage will be classed as work equipment and is therefore subject to The Provision and Use of Work Equipment Regulations 1998. The two important key elements of this legislation are to do with suitability and maintenance. The key bits read as follows:
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Digging holes and trenches is of course required in many jobs. It’s common in constructions sites for foundations to be laid, walls and fences to be erected, and pipes or cables to be laid in the ground.

Digging itself can involve some hefty manual work; particularly if the ground is fairly solid. It comes as no surprise then that people are liable to injure their back, arms, and / or shoulder areas when they are requested to dig.

So if you are instructed by your employer to dig and you end up injured, is there a duty and can you make a claim for compensation?
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First things first – I’m discussing negligence here, not maliciousness. So if you are at work, perhaps in a kitchen, and a colleague spills something hot on you or walks in to you whilst carrying hot soup for example, can you make a claim for personal injury compensation?

Vicarious Liability

Vicarious liability means that the negligence of a colleague falls on to the employer. So if a colleague fails to adhere to procedures and policies in the workplace and causes a burn injury to you, you can claim from your employers insurance.
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