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You may think that accidents that happen in the workplace are rare. However, you may be surprised to learn that that almost half of the accidents that occur happen in the workplace. It’s understandable that if you are injured as a result of an accident at work, you may feel uncomfortable at the thought of bringing a claim for compensation against your employer. You may be scared of possible repercussions should you take such an action, or feel that taking the matter to court may affect your future career prospects.
By and large these fears are groundless as all employers are obliged by law to have Employer’s Liability Insurance, which should cover them if an employee is injured in the workplace. Similarly action can be taken against any employer who discriminates against an employee simply because they are pursuing a legitimate compensation claim for accident injuries against the firm.
The first thing you should always do if you’ve had an accident at work is to make sure it is reported: this is an essential reference point if you ultimately make a claim for compensation. No matter how minor the accident is, it should be recorded in the company’s accident book. This action is mandatory for companies with 10 employees or more. Industrial injuries of a more serious nature have to be reported to the Incident Contact Centre of the Health and Safety Executive (HSE).
If you have to miss work because of your injuries then you should make sure you get statutory sick pay which can be paid for up to 28 weeks to those unable to work due to illness or injury.
Your employment has a responsibility to safeguard your health and to make you aware of any health hazards that you may face in your work. If they have failed to do so then they risk both criminal and civil prosecution, and you will have grounds for making a claim for compensation.
Any claim for Personal Injury following an accident at work will probably hinge on whether you can prove the ‘negligence’ on the part of your employer. Employers are legally obliged to provide the following working conditions for all of their employees:
If an employer fails to meet any of these essential criteria, then it is likely you will have a legitimate case that you can take before the courts.
In order to make a claim for an accident at work, you will need evidence which proves that your injuries have been caused by negligence or working practice in the workplace. This evidence could take the following forms:
There are also many others forms the evidence could take, but that often depends upon the nature of the workplace. It will then be up to yourself and the personal injury solicitor working on your behalf to prove that the injuries were the result of negligence on the part of your employer. It’s worth pointing out that when making such a claim, you will probably be called upon to give evidence against your employer. Some employees will obviously feel uncomfortable about this, but with a solicitor’s help, they needn’t be.
You may still feel worried about making a claim against your boss, despite the legislation in place to protect all employees who do so, in which case it will be valuable and reassuring to discuss the details of your case and any possible ramifications with one of our solicitors before embarking upon any action.