Personal Injury Solicitors

If you have suffered an accident in the workplace, or have developed a physical or psychological injury as a result of your job, you could be in a position to make an employers’ liability claim for compensation. This article will explain the basics of the law surrounding employer liability claims, and whether it favours the employer rather than making it easier for the injured employee to bring a claim.

Whilst the idea of pursuing your employer for compensation due to an accident at work may seem daunting, due to an imbalance of power between the two parties which may leave the employee more exposed, employers owe you a duty of care whenever you are at work. It is therefore important to understand your employer’s responsibilities and your rights in what can be a complex area of law.

What are employer liability claims?

Employers’ liability claims are claims made by an employee against an employer for a work-related accident, injury or illness. The aim in bringing a claim is to gain appropriate compensation for the pain suffered, the cost of any treatment required, and the impact of any lost earnings and out of pocket expenses that have arisen out of the incident. A claim is normally brought on the basis that an employer has failed to provide a safe workplace or system to carry out business.

In order to make a successful claim, you need to be able to show that your employer breached their duty of care to provide a safe working environment, and that this breach of duty caused you to suffer an illness or injury.

What is the law on bringing an employer’s liability claim?

Under the Health and Safety at Work Act 1974 (HSWA), duties and powers of employers and employees are set out to ensure health, safety and welfare in the workplace. The act applies to all work activities and covers various aspects of employment such as, risk assessment, training, consultation, reporting and inspection.

The common law duty has been expressed by the court as, “the reasonable and prudent employer taking positive thought for the safety of his workers in the light of what he knows or ought to know.” (Stokes v Guest (1968) 1WLR 1886).

An employer’s specific duties are:

1. To provide a safe place of work


2. To provide suitable plant and equipment


3. To provide a safe system of work


4. To provide competent fellow employees

The pendulum of power

The burden of proof first rests with the employee to prove negligence. Once this is proven, the onus shifts to the employer to demonstrate that they have taken reasonable positive steps to safeguard the injured employee. This is normally evidenced through training, providing suitable equipment, a system of reporting accidents and/or dangers that could cause accidents, warning signs/notices, and the carrying out of risk assessments before work takes place.

The employer would have most, if not all, of the relevant paperwork, but this imbalance of the relationship dynamic between the parties is one that is recognised by the courts when assessing liability.

At first instance, it may seem that the employer has all the power, however, it is the duty of your employer to provide a safe system of work for you. This duty cannot be delegated to someone else, and applies even where you travel somewhere secondary to your main place of work, as long as it is for work purposes.

Duncan Lewis Solicitors

Duncan Lewis' personal injury team acts for clients across England and Wales and regularly acts on behalf of victims of fatal injuries and for clients who have suffered injuries that have had a detrimental impact on their lifestyle and ability to work. The team is experienced in handling high-value matters particularly matters involving children and claims for loss of earnings and are experts in handling road traffic accidents, public liability claims, employment liability claims and Animal Act claims. Our team will work tirelessly to provide you with your desired result.

About the Author

Amnah Bibi is a Personal Injury Caseworker, based in our City of London office. Amnah works under supervision of Clinical Negligence and Personal Injury Director Rebecca Thomas. Rebecca is a member of the Association of Personal Injury Lawyers (APIL) and is a Recommended Lawyer in the Legal 500 UK 2022 edition for both her Personal Injury and Clinical Negligence work across the South East.

If you require assistance or advice with a personal injury matter, contact our team today on 0207 014 7354 to find out how we can help you.