Responsibility for Workplace Safety in : Ensuring a safe work environment is the right of every worker, and it is the responsibility of every employer to exercise duty of care towards their employees. Additional Injuries in Common Law Claim:
The duty of care extends to all places of work, whether it is the primary workplace or another location where the employee is required to work. In practical terms, your employer is obligated to provide:
- A secure working environment
- A system of work that is safe
- Work duties that are reasonable and appropriate
- Equipment in good working order
- Adequate training and instructions.
These measures collectively contribute to a safe work environment. However, when an injury occurs at work, determining if it is due to a breach of your employer's duty of care becomes crucial.
Establishing Fault in a Common Law Claim
For a successful common law claim, workers need to demonstrate that their employer failed to provide a safe work environment (breached their duty of care) and that this failure directly caused the injury – commonly referred to as 'fault.'
Demonstrating an Unsafe Work Environment
Proving that the work environment was unsafe involves a nuanced and detailed process. Factors that a court might consider include:
- Was the machinery in working order?
- Were established policies and procedures followed?
- Did you receive sufficient training, instruction, and supervision?
- Did your employer identify foreseeable risks related to manual tasks?
Support through Apology: Workplace injuries can be distressing, potentially traumatic experiences. Encouraging open and supportive communication between workers and employers is vital. Employers can express genuine care and regret without admitting fault, fostering a supportive environment.
Contributory Negligence: In the event of a workplace injury, the consideration of contributory negligence arises, evaluating whether the injured party played a role in the incident. If proven, this may impact the amount of damages awarded.