Almost one in five Brits is classed as disabled; that is 13.3 million people. Of those, approximately 17% of those people were born with their disability, but the majority were acquired in later life, due to illness, accidents, or other factors. It is estimated that approximately 3.5 million people living with a disability are employed, with an overall rate of employment for those with disabilities at between 45 – 50% . The number of people with a disability in work is therefore substantial, and this poses an additional consideration for employers when considering prevention of accidents in the workplace.
How the Law Protects those with Disabilities at Work
The Equality Act 2010 offers protection to anyone based on ‘protected characteristics’, such as disability, race, age, and sexual orientation. Under the Equality Act, all employers are legally required to put in place ‘reasonable adjustments’ so that any worker with a disability is not disadvantaged; this duty has three requirements:
- where a provision, criterion or practice puts a disabled person at a substantial disadvantage in relation to a relevant matter in comparison with persons who are not disabled, to take such steps as it is reasonable to have to take to avoid the disadvantage.
- where a physical feature puts a disabled person at a substantial disadvantage in relation to a relevant matter in comparison with persons who are not disabled, to take such steps as it is reasonable to have to take to avoid the disadvantage.
- where a disabled person would, but for the provision of an auxiliary aid, be put at a substantial disadvantage in relation to a relevant matter in comparison with persons who are not disabled, to take such steps as it is reasonable to have to take to provide the auxiliary aid.
In addition, under the Health and Safety at Work etc. Act 1974, all employers are required to ensure the safety of all workers, and as such, there is no requirement to undertake separate risk assessments for those with and without disabilities. But maybe necessary however to review any existing risk assessments if an employer is made aware that a new or existing member of staff has a disability.
The Practicalities of Making Reasonable Adjustments
The three requirements related to reasonable adjustments, designed to remove any disadvantage of being disabled, may lead to changes in the physical layout of the work environment, or the provision of 
additional aids which may compensate for the disability.
Implementing such adjustments, however, is not just a matter of adapting the work environment to allow someone with a disability to undertake it; the employer also has a duty to ensure the worker is safe from injury. Equally, employers must never make assumptions that a disability may impose a greater risk to the health and safety of a worker, or others, without properly assessing the risks, and any adjustments that can be made.
And such adjustments to accommodate a worker with a disability do not need to be expensive or complicated. Simple, and relatively low-cost adjustments to ensure the safety of those with disabilities can be extremely effective, and remove any disadvantage, such as:
- Changing the shift pattern. One example provided by the Health and Safety Executive (HSE), includes a machine worker who has epilepsy, and is more likely to suffer a seizure if their sleep pattern is disturbed – by moving their shift pattern, the person is more able to undertake their role in a safe manner .
- Providing seating. If a worker is unable to stand at all, or for sustained periods due to an injury or disability, standing tasks may be deemed impractical or pose a risk to the worker’s ongoing health and safety. By providing adequate seating, designed for the task (i.e. the correct height and distance), the worker will be able to complete the task, and their safety will not be compromised.
- Improved visibility. For workers with visual impairments, employers should consider improving lighting to ensure better visibility, providing instructions in large / contrasted text, and even braille versions of text. For many such workers, especially those who have some sight, such changes can make a considerable difference in their ability to work and also remain safe.
- Emergency procedures. Employers will also need to consider the emergency procedure needs of those with disabilities. No disability should prevent the safe evacuation of a worker from a workplace in the event of an emergency. Flashing lights to augment audible fire alarms, a bespoke escape plan (also known a personal emergency evacuation plan or PEEP), and a buddy system are just three simple ways in which the safety of all workers can be assured.
Claiming if you have an existing disability and have been injured at work
There is no practical or legal excuse for an employer not ensuring the safety of workers with disabilities. If your employer failed to take into consideration your existing physical or mental health condition, and this led to you suffering a serious accident at work; or if your employer failed to consider the risks to workers regardless of disability (i.e. if your disability was not a contributing factor to your accident), you may be able to seek compensation. Compensation can provide significant help to aid your recovery, cover your financial losses, and enable you to make any adjustments you need to make to your home as a result of your injuries.
At Russell Worth Solicitors we specialise in personal injury claims. If you have suffered a workplace injury and would like a free claim assessment, please call us now on 0800 028 2060 or complete our Online Claim Assessment.
