Employer Duty of Care
Get in touchAt Jackson Personal Injury, we assist people and across the UK who have concerns about employer's duty of care following a workplace injury.
Employers are required to take reasonable steps to protect employee health and safety, and failures in supervision, training, or safety procedures can lead to harm. We review enquiries and refer suitable cases to a panel of independent, regulated solicitors who explain how claims may proceed.
Can I Claim Compensation If My Employer Breached Their Duty of Care?
Employer duty of care claims may be possible where an injury or illness was caused by an employer failing to meet legal obligations, some of which include not repairing faulty machinery, failing to provide adequate training, ignoring safety procedures, or not addressing known workplace risks.
Where there is a clear link between the breach and the harm suffered, compensation may be available depending on the circumstances.
What Is an Employer’s Duty of Care to Employees?
In , an employer’s duty of care requires them to take reasonable steps to protect employees’ health, safety, and welfare at work, which includes providing a safe working environment, suitable tools and equipment, proper training, regular risk assessments, and appropriate personal protective equipment where required.
The duty of care also extends to managing risks such as stress, harassment, or unsafe practices. A failure in these responsibilities may give rise to a compensation claim if harm occurs.
How Do You Prove a Duty of Care Breach in Workplace Claims?
Proving an employer's duty of care breach usually involves showing that safety standards were not met and that this failure directly caused the injury or illness.
Evidence can include health and safety records, accident reports, training documentation, witness statements, and medical records. In some cases, photographs or expert assessments may also support the claim.
What Types of Employer Failures Commonly Lead to Claims?
Employer duty of care claims often arise from issues such as:
Failure to provide appropriate PPE – Lack of suitable protective equipment for the job.
Inadequate training – Employees not being properly instructed on safe working methods.
Poor maintenance – Faulty machinery, unsafe tools, or damaged work areas.
Ignored safety concerns – Reports of hazards not being acted upon.
Workplace bullying or harassment – Failure to address risks to mental well-being.
Do I Have a Case If My Employer Ignored Health and Safety Regulations?
Employer duty of care claims may be supported where health and safety regulations were not followed.
Laws such as the Health and Safety at Work Act 1974 place clear duties on employers. If these standards were ignored and an employee was harmed as a result, this may form the basis of a compensation claim.
How Much Compensation Can I Claim for Employer Negligence?
Compensation for employer duty of care breaches varies depending on the severity of the injury or illness, recovery time, long-term effects, and financial losses.
Claims may include general damages for pain, suffering, and loss of amenity, along with special damages for lost earnings, medical treatment, rehabilitation, and related expenses. Each claim is assessed individually, and outcomes differ from case to case.
Contact Jackson Personal Injury to check if you may be eligible and to request a free assessment of your employer's duty of care claim.
Are No Win, No Fee Claims Available for Duty of Care Breaches?
Many employer duty of care claims are handled on a No Win, No Fee basis. This usually means there are no upfront legal costs, and you only pay if your claim is successful.
If compensation is awarded, a capped success fee may be deducted, with terms explained before you decide whether to proceed.
What Evidence Helps Prove a Lack of Employer Duty of Care?
Employer duty of care claims often rely on documented proof showing safety failures or ignored risks, including:
Accident and incident reports – Demonstrating how the injury occurred and whether procedures were followed.
Safety inspection and risk assessment records – Highlighting missed hazards, overdue checks, or non-compliance with safety standards.
Training and induction logs – Showing inadequate instruction, missing certifications, or lack of refresher training.
Emails, messages, or written correspondence – Recording concerns raised about safety issues and any lack of response.
Witness statements – Supporting accounts from colleagues who observed unsafe practices or the accident itself.
Medical records and injury reports – Linking the harm suffered directly to workplace conditions or failures.
How Long Do I Have to File an Employer Negligence Claim?
For employer duty of care claims, the usual time limit is three years from the date of the incident or from when you became aware that your injury or illness was linked to your employer’s actions or omissions.
Exceptions apply for children and individuals lacking mental capacity, and starting early can help preserve evidence.
Contact Jackson Personal Injury to find out if you can make an employer duty of care claim and to speak to our claims team.