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While the latest figures from the HSE (Health and Safety Executive) show that the total numbers of accidents at work fell compared to the previous year, serious incidents, injuries and accidents unfortunately still happen and the rate of fatalities at work hovers between 0.45 to 0.5 per 100,000 workers.
[Article updated 2016]
The HSE oversees the implementation and enforcement of the UK’s Health and Safety Regulations and publishes yearly figures:
All businesses have a duty to take reasonable care to ensure that all their staff and freelancers are not injured while working and that members of the public are not injured in accidents connected to work. In 2015/16 103 members of the public were fatally injured in accidents connected to work.
If an employee or freelancer is injured through employer / client negligence they are entitled to compensation for those injuries and for any resulting financial loss (time spent unable to work, medical expenses etc.). Employers are required to have employers liability insurance in place for such claims, although insurers may refuse to pay compensation on occasions (deny liability).
Employers with over 5 employees are required to have a written Health and Safety Policy and all employers must record certain accidents that happen at work, to the HSE’s Incident Contact Centre, under Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (RIDDOR) legislation:
The following must be reported (more details about RIDDOR are here):
A positive work-life choice for many, being self-employed can cause problems when you are ill or have sustained an injury while working, as you will not be entitled to sick pay from the employer.
As a self-employed person you are responsible for your own health and safety while working (changes were introduced regarding health and safety obligations for freelancers/contracts in October 2015, which you can see here), but you are not responsible for an accident that happens to you while working where you have no control over the safety in the workplace (and where you may work under the control of a third-party). Therefore freelancers also may make personal injury claims.
If you suffer an accident or injury at work (as an employee or freelancer) you are advised to find an experienced personal injury solicitor to investigate your situation and help you pursue a claim for compensation if this is appropriate. The solicitor will send a ‘Letter of Claim’ to your employer and pursue the case for you.
You can find an appropriate Solicitor through the website of the Association of Personal Injury Lawyers – many of which work on a ‘No-win No-fee’ basis.
Please note – This website cannot help you with Personal Injury claims or recommend a Solicitor for you.
At the end of 2014 national convience store retailer McColl’s was fined £150,000 and ordered to pay £78,000 in costs for failing to do enough to protect its employees from 6 violent robberies at 4 branches. They had not carried out lone-working risk assesments.
So what it the law on lone-working? While there are no general legal restrictions on working alone, employers have to consider Section 2 of the Health & Safety at Work Act 1974, which requires Employers to ensure the health, safety and welfare at work of all their employees, so far as is reasonably practicable. And also consider regulation 3 of the Management of Health and Safety at Work Regulations 1999 which requires employers to make a suitable and sufficient assesment of the risks to the H&S of employees while they are at work. Assessments should include defining the minimum number of staff and their experience levels necessary. While resources and costs will be a relevant factor in making an asessment of whether there is a need or requirement for lone-working, it should not be the sole factor. The HSE have guidance which emphasises the importance of training for lone workers and to have procedures in place to monitor lone workers. You can read our full Guide to Lone-Working here.
If you are an Employer and need ongoing professional help with any staff/freelance issues then talk to Lesley at The HR Kiosk – a Human Resources Consultancy for small businesses – our fees are low to reflect the pressures on small businesses and you can hire us for as much time as you need.
Please note that the advice given on this website and by our Advisors is guidance only and cannot be taken as an authoritative or current interpretation of the law. It can also not be seen as specific advice for individual cases. Please also note that there are differences in legislation in Northern Ireland.
Darren Fell, CEO of Crunch, said: "We welcome the government's commitment to adopt the recommendations from the Taylor report. We would however, urge caution that any response does not introduce more red tape, or reduce the ability for entrepreneurs to employ people flexibly."
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