We are personal injury solicitors specialising in claiming compensation for clients injured in tiredness accidents. Catherine Smith has experience with all types of work injury claims, and introduces our services in this video.
Read more about accidents caused by fatigue at work below, or use our free legal advice service opposite to ask us a question or to get started making a claim.
Tiredness Accident Claims
Tiredness Accident Compensation >>
The HSE have drawn attention to the fact that work related sleeping difficulties and fatigue can detrimentally affect performance, increase the likelihood of errors and accidents at work, as well as affecting workers' health and well-being in the long term. Those employees who are suffering from tiredness at work will be less alert, their reaction time will be slower, they will find it less easy to concentrate and may make ill-judged decisions. Tiredness and fatigue costs the UK somewhere between £115 - £240 million per year in terms of work accidents alone. Research also shows the tiredness is the principle cause of 18% of work related accidents, while over 20% of road traffic accidents result from the driver falling asleep at the wheel.
Typical Causes Of Tiredness Accidents
An employer is under an obligation to ensure that workers do not perform roles that cause excessive tiredness, and thus heighten the risk of injury to themselves and others. Unfortunately tiredness and fatigue are an increasing problem, as jobs become more and more stressful and demanding. Workers are often eager for extra shifts, and frequently are not given, or do not take the required statutory breaks. Work is often poorly organized or else management fails to recognise the symptoms of tiredness in employees. Lack of sleep impairs a worker's performance and hence productivity. A tired employee will find it harder to pay attention to instructions and remember to follow safety procedures. A loss of concentration, particularly in high risk jobs can have serious consequences. Research has shown that tiredness in new workers on night shifts can cause a worse deterioration in hand-eye coordination than being over the UK alcohol driving limit. Tiredness is also caused by factors external to the workplace, such as stress, depression and other medical conditions such as insomnia.
Who Is Affected By Tiredness Accidents?
Any employee who undertakes repetitive tasks in the workplace will be exposed to the possibility of fatigue, and even falling asleep on the job. Long distance drivers are especially at risk, as is anyone who works for extended periods on their own, or who works in a job that requires constant mental alertness but limited physical movement. Night shift workers never fully adapt to their nocturnal lifestyle, as their bodies continue to recognise night as the time to shut down for some rest. What sleep these workers get during the daytime will never replace the benefits of a proper nights sleep, and accordingly they face an increased chance of injury at work than day workers. Teachers, careworkers, doctors and nurses are all also at risk, as even mild fatigue can have potentially devastating consequences for the children or patients in their care. The gravity of the risk to workers is highlighted by the fact that, according to the HSE, fatigue has been identified as the primary contributory factor in many major incidents, including Challenger, Chernobyl, Clapham Junction and Exxon Valdez.
Employers Must Take Steps To Prevent Accidents At Work
Your employer has a duty to prevent you and your colleagues
from
suffering from tiredness in the workplace. The employer must ensure
that work is correctly organised and that shift work arrangements are
carefully planned. Workers should be rotated in terms of shifts and
tasks to ensure that monotony is broken up. All shifts should be
limited to 12 hours, including overtime, and 8 hours in the case of
night shifts, or especially demanding or dangerous jobs. The
individual characteristics of workers must be considered, including
age, experience and personal circumstances. Finally employers must
ensure that the workplace and surroundings are well lit, safe and
secure. Your employer's duties are set out under the following
workplace regulations:
The Working Time Regulations 1998
Health and Safety (Display Screen Equipment) Regulations 1992
Management of Health and Safety at Work Regulations 1999
Workplace Health, Safety and Welfare Regulations 1992
Tiredness Accident Claims And Compensation Awards
Damages for injuries resulting from tiredness or fatigue at work will reflect the physical, emotional and financial impact on a worker's life, including their future job and lifestyle prospects. Employers can be found liable for contributing towards workplace accidents if it is found that they have made 'unreasonable' demands of their employees. Bartletts Solicitors are specialists in the field of tiredness accident claims. We work on a no win no fee basis meaning if you win your case your employer's insurance company will also pay all of your legal fees.
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- Needlestick Injuries
- Protective Equipment Faults
- Repetitive Strain Injury Claims
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- Soft Tissue Injury Claims
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regulated by
the
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2009