All employers have a legal duty of care towards their employees to provide them with a safe working environment. There are a number of ways that an employer may be considered liable for your accident:
- Lack of training - Due to the high risk involved within the care industry, one of the main ways an employer can prevent accidents occurring within this sector is through adequate staff training. This should include training specific to the sector, clear manual handling training on how to safely move and lift vulnerable people, training on how to avoid repetitive strain injuries, as well as restraint training to safely avoid any potential incident.
- Lack of proper equipment or failure to maintain the equipment – All equipment should be provided by your employer and every employee should be trained on how to use this equipment safely. The correct PPE should be provided and all equipment provided should be regularly checked to ensure it is still working correctly. Any damaged equipment should be repaired or replaced.
- Lack of adequate risk assessments – Your employer should properly risk assess each part of your caring role, to include the potential risk of harm you face in caring for particular individuals and how many carers may be required to carry out certain roles etc.
If your employer has failed to provide a safe working environment for you and this has led to an accident, they may be liable and therefore you could make a claim for compensation. Even if your accident was caused by a colleague or the person you were caring for, you may still have a claim for damages against your employer.
We appreciate that you may feel cautious about bringing a claim fearing that any claim may jeopardise your current position and future career. As an employee you are protected under employment law against being treated unfairly for bringing a claim for damages. All employers should have the appropriate liability insurance in place to cover any such claim.