Accidents at Work
18 February, 2019
Responsible employers recognise that taking appropriate health and safety measures to protect their employees and customers is a good business decision. Ensuring a safe system of work guards against workplace injury, and is enshrined in the Labour Law (2011 Revision), which states that “every employer shall ensure so far as is reasonably practicable the health, safety and welfare at work of his employees”.
All employers owe their employees a duty of care. This means that an employer must take all reasonable precautions for their employees’ safety. In order to be successful in an accident at work claim, an employee must show that their employer failed to take reasonable precautions for their safety. If an employer failed in this duty and an employee was injured, they may be entitled to compensation.
The most common types of injury suffered in the workplace are: -
- slips and falls;
- manual handling claims;
- faulty machinery;
- dangerous conditions (including exposure to a noxious substance);
- a failure to provide protective equipment;
- injury caused by the actions of another employee;
- a failure to train an employee appropriately.
How much am I entitled to?
There are two main types of compensation available to an employee where an employer fails to uphold the duty of safety: -
- General Damages, which are to compensate the injured party for their pain and suffering (both physical and psychological). This can vary depending on the nature of the injury, the effect on the individual’s life and the likely recovery time;
- Special Damages, which compensate for any out of pocket expenses caused by the accident. Examples include loss of wages, medical, pharmaceutical and physiotherapy costs, travelling expenses and property damage. Special damages can also include any future care needs and likely future loss of earnings.
It is important to consider whether the injured party might be entitled to an interim payment of damages. The financial pressure after an accident can be considerable, especially if the injured party is out of work. The law in the Cayman Islands provides for payment of a sum of money prior to full resolution of a case, in certain circumstances to assist with monetary difficulties.
Contributory Negligence
If a person is partly responsible for their own accident at work, they are still entitled to bring a claim for compensation but they might be found to be “contributorily negligent”. The effect of a finding of contributory negligence is that any award of damages made by the court is reduced. The reduction is proportionate to the level of contributory negligence. For example, if a person is found 25% responsible for the accident, the award of damages is reduced by 25%.
The Role of an Attorney
If you have been injured in an accident at work, Broadhurst offers a free initial consultation service, where we will review how the accident happened and assess any relevant documentation or correspondence received from the defendant or his insurer. We will discuss your injury and take details of any expenses that you may have incurred, or are going to incur. We will then consider the merits of your case and provide clear guidance about funding litigation.
As with any legal matters, you are entitled to represent yourself. However, our experience allows us to identify, with precision, the strength of a case and to accurately value a claim. Our expertise will ensure you are fully compensated for your injury. If you decide to instruct Broadhurst LLC in your personal injury claim we will immediately contact the defendant or their insurance company ensuring that any further communication will be directly with us, saving you time and worry.
For 25 years Broadhurst LLC has provided expert advice to its personal injury clients. The attorneys who work in our team are all highly experienced, and pride themselves on giving a professional, friendly service. If you have been injured in an accident it is advisable to seek the assistance of a lawyer who can give legal advice. For a free, no obligation meeting please contact us at lynne@broadhurstllc.com or call 924-9999.
*This publication and the material on this website was prepared for general information purposes only to provide an overview of the subject matter. It is not a substitute for legal advice nor is it legal opinion and should not be taken as such. It deals in broad terms only and is subject to change without notice. If you require legal advice, please contact us and arrange a consultation.