You may be surprised to learn that work place accidents are very common. Most people associate these work injury claims with industrial environments, but the truth is that work injury claims can be made by employees in any environment regardless of whether they work in an office, factory, industrial site or on the road.
If you have been injured at work you could be entitled to compensation. This is because employers have duty of care towards their employees’ health and safety. This means that employers must provide their employees with appropriate training, protective clothing and they should regularly service or maintain machinery. Depending on the industry in which you are employed there may be other risks which your employer is obliged to protect you from. However employees also have a responsibility to utilise the equipment and training that they have been provided with otherwise an accident or injury may be deemed to be the employee’s own fault.
Nevertheless, despite the rules in place and the precautions taken by employers accidents still happen and when they do, if an employee suffers an injury, provided it is not their fault then they can make a claim for compensation.
What type of accident?
Work injuries can take many forms from driving accidents to exposure to harmful and dangerous substances such as asbestos or carbon monoxide. You could have suffered an injury due to slipping on a wet floor. You could be suffering from vibration white finger, which is caused by the use of vibrating tools or suffer loss of hearing from using noisy tools. The more serious the injury the more compensation you will be entitled to. Your employer will automatically offer you statutory sick pay, but this may not be enough as you may be unable to return to work for some time. Accordingly, you are also entitled to claim compensation for future loos of income.
Making a claim
You should not be afraid to make a work injury compensation claim against your employer. If you are dismissed or harassed because of it then you can make a further claim for unfair or constructive dismissal. In any event, by law employers must have Employer’s Liability Insurance to cover them against work injury compensation claims and it is the insurance company that will pay compensation to the employee. Of course no insurance company will make this payment without sufficient evidence that the injury happened during the course of employment and that the employer was responsible.
Accordingly, any accidents should be recorded in your employer’s health and safety file and serious accidents should be reported to the Government’s Health and Safety Executive. Pictures or a video should be taken as evidence and you should speak to any colleagues about whether they are willing to act as witnesses if required. You should seek medical advice immediately and keep copies of all correspondence with your employer. You should also keep receipts of any medical expenses, both as proof of your injury and so that you can claim them back as part of your compensation. If there is evidence of similar accidents occurring in the past then this will also help your case.
A work injury compensation claim should be made within 3 years of the date of the incident. If the extents of the injuries are not known immediately, then you have 3 years from the date you become aware of them. If at the time of the accident the employee is under 18 then the 3 years do not begin until the employee’s 18th birthday. If you make a work injury claim through a solicitor they will usually deal with your case on a no win no fee basis and if you are successful you should receive all of the compensation money with your costs paid by your employer’s insurance company. When choosing a work injury claim solicitor you should make sure you pick one that is experienced with dealing with work injury claims.
This post supplied by Lloyd Green injury claim solicitors. Many thanks.