Your Employer’s Responsibility to Set Up a Safe Workspace – And What to Do if They Don’t

Workplace injuries can have a serious impact not just on your physical wellbeing, but also on your emotional and financial security. This is particularly true for those who work in environments where improper workstation setups lead to long-term health problems, such as back pain, repetitive strain injuries, or eye strain.

If you’re experiencing discomfort or injuries caused by your work setup—whether in the office or while working remotely—it’s important to know your rights, your employer’s responsibilities, and the steps you can take to seek compensation.

The Employer’s Duty of Care

Under the Safety, Health and Welfare at Work Act 2005, employers are legally obligated to ensure the safety and wellbeing of their employees. This duty extends beyond providing a salary—it includes promoting health and safety in the workplace by creating a risk-free environment, supplying ergonomic equipment, and offering training on proper usage. When it comes to workstation setups, here are key responsibilities they must fulfil:

1. Proper Equipment and Ergonomic Support

An employer must provide essential tools and furniture to ensure a safe working environment. For anyone using display screen equipment (DSE), this means adjustable chairs, desks, monitors, keyboards, and mice that promote good posture. The goal is to reduce risks like musculoskeletal disorders.

2. Regular Risk Assessments

Employers are obliged to carry out thorough risk assessments of workspaces, including home setups for remote employees. These assessments evaluate:

• Workspace ergonomics to prevent injury.
• Environmental factors, such as lighting, ventilation, and temperature.
• Work-related hazards, including slips, trips, and electrical dangers.

3. Training and Awareness

While providing proper setups is essential, training employees on how to use their equipment correctly is equally critical. Proper instruction on posture, screen positioning, and keyboard usage can help employees avoid injuries.

4. Covering Costs

Employers must shoulder the financial burden of safety measures, such as providing DSE equipment, covering vision tests, or purchasing corrective lenses for screen use when medically necessary.

5. Supporting Remote Workers

The rise of homeworking hasn’t absolved employers of their responsibilities—they are still required to ensure remote setups meet safety standards. They must regularly engage with workers, addressing pains, strains, or stresses caused by poor setups.

Your Role as an Employee

While employers bear the lion’s share of responsibility, employees also have a role in maintaining health and safety at work. This includes:

• Using provided equipment correctly and following safety guidelines.
• Reporting injuries or issues promptly, allowing employers to take action before problems escalate.
• Maintaining your workspace, keeping it free from hazards like clutter or exposed cables.

By working collaboratively with your employer, you can reduce risks and foster a safer work environment.

Failure to Fulfil Obligations

Despite legal requirements, some employers still neglect their responsibilities, leaving employees vulnerable to injuries. If you’ve been injured or are suffering discomfort due to a poorly set-up workspace, it’s important to seek advice on exercising your legal rights.

Employer Negligence in Action

Here are examples of how breaches of duty might lead to successful claims:

• Case 1: An employer fails to provide an adjustable chair or conduct a DSE assessment, leading to a repetitive strain injury (RSI).
• Case 2: A home-based employee working long hours without a proper desk develops chronic lower back pain after years of using a kitchen table and chair.
• Case 3 – Employees who report ergonomic pitfalls (e.g., incorrect screen positioning or muscle strain) and receive no follow-up support from management eventually suffer avoidable injuries.

Incidents like these show how employer negligence—either through inaction or inadequate provisions—can significantly harm employees.

Steps to Take if You’ve Been Injured

If you believe your employer has failed in their duty to ensure your safety at work, here’s what you need to do:

1. Document the Issue

Take photos of your workstation setup and document any symptoms you experience, such as pain or strain, along with a timeline.

2. Report the Problem

Notify your employer about the issue in writing and request an improvement to your workstation or a formal review.

3. Seek Medical Attention

Consult a doctor for professional advice about how work conditions may have contributed to your injury. Detailed medical records may strengthen any legal claim you pursue.

4. Contact a Legal Expert

Workplace injury claims can often be complex. A solicitor specialising in workplace injury cases will help you understand your rights, gather evidence, and pursue compensation for any injuries or losses.

Compensation for Workplace Injuries

If you’re entitled to compensation due to employer negligence, claims typically cover the following:

• Medical expenses, including physiotherapy or corrective treatments.
• Loss of earnings caused by time off work or permanent disability.
• General damages, such as physical pain or psychological distress.

Legal professionals can guide you through the claims process, helping collect evidence and ensuring you receive the compensation you deserve.

We’re Here to Help

Employers have a fundamental duty to protect their staff. When they fall short, it’s employees who bear the burden, often struggling with health, emotional, and financial impacts. If you’ve suffered because of an employer’s negligence, it’s time to take action.

At HOMS Assist, we specialise in workplace injury claims, ensuring your rights are protected and that you’re compensated fairly for your pain and suffering.

Contact us for expert legal advice tailored to your circumstances.

Your voice matters. We’re here to help you be heard.