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Work related accidents, youclaim.co.uk

Work-related injury after continued task during ailment
21/04/2011

Many work related injury cases are caused when a negligent employer fails to correctly train their workers, does not provide them with personal protective equipment, or leaves them exposed in some other way to the dangers of their work environment.

However, although these sorts of breaches of the Health and Safety at Work regulations are the most common, there is another way in which an employer can find itself liable for a member of staff's personal injury.

If a worker already has an underlying health problem or has acquired a temporary one, such as a bad back, their employer, upon being made aware of the ailment, should alter the employee's tasks so that their health problems are not aggravated.

For example, if a company allows a worker, who has strained their back, to continue with job roles such as loading and unloading products from a lorry, they could be held responsible if the employee suffers a worse injury or accident due to their already weakened state.

A worker with a permanent health problem should be given a role within a firm which suits their capabilities without furthering their health difficulties.

Similarly, workers who are temporarily incapacitated in some way, but can still attend work, should be found another task to perform within the company which does not put strain on their injury, or cause their illness to worsen, until their condition has improved enough for them to resume their usual role.

If an individual has reduced mobility they should be found a place to continue their tasks from a seated position. Should an employee be having breathing problems, they should be found somewhere away from any fumes or dust to continue their work. Other health problems should be catered for in similar ways.

Where a job allows, employees might even be allowed to work from home if they are not well enough to travel to their place of employ, but in good enough health to perform the task for which they were hired.

Of course, if the worker has acquired their underlying health problem or temporary debilitating ailment due to their employment, the victim could decide to make a compensation claim against their company.

However, if they have become ill or injured in their free time the individual is unlikely to have a case against their employer unless, after warning them of their illness or injury, a continuation of a certain task at work furthers their health problem.

Suffering work-related injury
Employers have a duty of care towards those in their employment, so if a task the worker is performing causes them to sustain an injury or develop an illness due to the company's negligence, the work injury victim may be eligible to claim compensation.

YouClaim's expert solicitors could help you receive 100% compensation for your pain, suffering and any resulting loss of earnings. Call on 0800 10 757 95, or request a call back.

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