Is it possible to claim for a work injury with no risk assessment completed by my employer?
It may be possible for you to pursue a claim for a work injury with no risk assessment if you are able to prove that your employer neglected to carry out a risk assessment of your workspace before you began working there. Under health and safety at work regulations employers are required to carry out a risk assessment of each new workspace in which their employees must operate before they begin work.
Risk assessments are required to be carried out by employers to identify and neutralise any potential threats to worker safety — if a risk assessment was not completed, a hazard may not have been identified, and a claim for work injury with no risk assessment may be possible. It is worth noting that in cases where a hazard cannot be totally eliminated after a risk assessment has been completed, an employer is obligated to highlight it and warn workers to be careful.
An employer’s obligation to carry out a risk assessment comes as part of the ‘duty of care’ they owe to each of their employees. A ‘duty of care’ is a responsibility an employer has to ensure that their workers are as safe as possible in their workplace. If an employer is found to have breached their ‘duty of care’, compensation for a work injury could be sought. It is worth noting that while an employer’s ‘duty of care’ encompasses a wide range of responsibilities, it is not ‘absolute’ and workers are also required to take measures to protect their own safety.
While it is highly likely that a claimant pursuing compensation for an injury in a situation where risk assessment on their workplace was not completed will be awarded compensation, you should note that you may have to prove that the injury you sustained may could have been prevented if a risk assessment had taken place.
As mentioned above, an employer’s ‘duty of care’ towards their employees is not ‘absolute’ and you must take measures to ensure your own safety while at work. These measures are not limited to before the accident occurs, and once you are injured it is vital that you summon an ambulance as immediately — if you are incapacitated and unable to summon an ambulance, you should have had someone else call one for you. Having your injury treated as soon as possible after it has been suffered will allow you to negate the possibility of your employer claiming that you exacerbated your injury by not having it treated as soon as possible. If you did not have your injury treated as soon as it was sustained, your employer may argue that you contributed to your own injury and place the likelihood of you receiving a full award in jeopardy.
Pursuing a claim for compensation when no risk assessment was completed can be complex, and can be a distraction from your recuperation. In order to ensure that you are able to continue to recover from your injury and pursue compensation for a work injury, speak with a personal injury claims solicitor at the earliest possible opportunity. Pursuing a claim for a work injury with no risk assessment is always easier when a personal injury claims solicitor has been spoken with beforehand.