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First day at work accident: can a new starter claim?

Does length of service affect the right to claim?

No — HSWA 1974 duty immediate; employment rights such as unfair dismissal need qualifying period but personal injury right does not

What if you had no health and safety induction?

Employer's duty to provide information, instruction and training before workers start hazardous tasks — reg 13 MHSW Regs 1999

What if the risk was not explained to you?

New and young workers have heightened protection — reg 19 MHSW Regs

What if you were on an unpaid trial?

Duty of care still applies — occupiers' liability / HSWA s.3

What evidence is hardest to get after a first-day accident?

No length of service; new to the site; importance of medical records and photos taken same day

What is the time limit?

Same three years under Limitation Act 1980

Sources

  1. : HSWA 1974
  2. Management of Health and Safety at Work Regulations 1999 regs 13, 19
  3. Limitation Act 1980

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