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Who is Responsible for an Accident Whilst Working From Home?

Posted on May 13, 2020
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At work, your employer has a duty to take reasonable care for your safety under Workplace (Health, Safety and Welfare) Regulations 1992. Such as to –

  • Provide you with a safe working environment
  • Provide an appropriate level of training
  • Provide a safe system of work
  • Provide a reasonable level of supervision, where necessary
  • Provide all necessary equipment and aids

The number of people working from home has grown significantly in the recent years. Following recent Government advice, most of us are currently working from home. This may be seen as a grey area in regard to your employer’s responsibility and therefore your legal rights. If you have an accident whilst working from home, who is responsible?

Whilst you are no longer on the premises, your employer is still expected to take reasonable care for your safety when working from home. This will, of course, depend on the type of work you are carrying out. In many instances, it will be considered reasonable for your employer to discuss appropriate safety measures with you such as the style of your chair or the PPE you have at home (gloves/safety goggles).

In all claims, you have a duty to mitigate your loss. Where you are working from home, it is likely that this duty will be increased, and you would be expected to take reasonable care for your own safety. Your employer should inform you of the company’s Health and Safety Policies and it will then be your responsibility to apply them to your home. During the pandemic, it is very likely that the courts will be sympathetic to the difficulties faced by employers.

If you suffer an accident whilst working from home, your employer may be liable depending on the type of accident and the safety measures they implemented. If, however, your employer failed to take reasonable care for your safety, and your accident followed as a consequence, then you may well have a Claim against your Employer.

To find out more information, contact our specialist team at Jefferies on 01702 443 472 and we would be happy to assist.

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