You could be involved in an accident at work no matter how safe the environment may be because accidents happen. However, if your employer failed in their duty to keep you safe because they did not respect health and safety regulations and other laws that protect employees, they could be held responsible and as such, you may be entitled to seek compensation from them providing you have sufficient evidence to prove employer negligence.
To find out what evidence would be required to support an accident at work claim against a negligent employer, please read on.
- Can I Claim For An Accident At Work if An Employer Fails to Keep Me Safe?
- What Sort of Incident Can I File a Work Accident Claim For?
- What Evidence Do I Need to Provide in an Accident at Work Claim?
- How Much Work Accident Compensation Could I Get?
- Is There an Accident Work Claim Time Limit?
- Could I Be Sacked If I Make an Accident at Work Claim?
- Does My Employer Have a Duty Towards Me in the Workplace?
- What Are an Employer’s Responsibilities in the Workplace?
- Should I Use an Accident At Work Compensation Calculator?
- Do I Have the Right To Consult a Personal Injury Solicitor if I File an Accident at Work Claim?
- Informative Links
If your employer does not set in place measures to reduce the risk of a workplace accident from happening by not abiding by health and safety regulations and other UK laws that protect you at work and as a direct consequence you are injured, you may have grounds to file an accident at work claim against them. Employers are duty bound to ensure that the welfare and safety of employees whether permanent or temporary staff is catered for. Employers must also ensure the safety of visitors to a work environment.
On top of this, UK law requires that employer hold liability insurance which is compulsory. Should you believe that an employer did not meet their duty of care and responsibilities towards you, or tat they failed to conform to Health and Safety regulations which led to you suffering an injury in a workplace accident, you may be able to seek compensation from them because it could entitle you to file an accident at work claim, bearing in mind that the amount you are awarded would be paid to you from an employer’s liability insurance.
You could have grounds to file an accident at work claim against an employer if you are injured and the cause of the injury could be a variety of things. This includes the following:
- You slip, trip or fall in the workplace
- Due to dangerous procedures and/or practices in a workplace
- Because of poorly maintained/defective equipment
- Because of dangerous/defective machinery in a workplace
- Exposure to toxic substances or a noxious work environment
- You are hit by a falling object
- Because Health and Safety regulations were ignored by an employer/work colleague
- Due to the negligence of fellow employees
- Due a lack of, insufficient or inadequate training
- Due to an assault in the workplace
- While operating a crane or forklift truck
- Because of bad or inadequate manual handling and lifting practices or due to a lack of training
- Due to an industrial injury which includes vibration white finger and hand arm vibration syndrome
For an accident at work claim against an employer to be valid, you would need to provide evidence that the incident happened through no fault of your own. However, is certain situations, you may be entitled to seek compensation if you contributed to the incident and the injuries you suffered providing you can prove that an employer was mainly liable for the accident at work occurring.
A personal injury solicitor at accidentclaims.co.uk would gather all the necessary evidence which would include where and how it happened as well as the injuries you suffered. As such, you would need to provide a solicitor with the following:
- A record of the accident as recorded in an Accident Book (if there is one). If your workplace does not have an accident book, you must write down all the details of the incident and your injuries together with the names of any fellow employees who witnessed the accident and send the details to your employer whether by personal email or in a registered letter, keeping a copy for your own personal records. Reporting a workplace accident is essential no matter how minor or serious your injuries happen to be as this is essential proof that the incident occurred. You must also check that all details have been correctly recorded before you sign anything
- A medical report of your injuries and the treatment you require as this is also essential evidence when filing an accident at work claim. Should you have been taken to hospital or you visited your GP following a workplace accident, make sure that the medical report they produce correctly details your injuries which must include any minor symptoms you may be experiencing which could develop into something more serious a little later on
- Photos of the accident and your injuries. If you are able to, you should try to take photos of where the accident occurred because this could provide compelling evidence and would help shine a light on an employer who may try to be dishonest by altering the location of the accident with an end goal being to make claiming compensation more challenging
- A record of your financial losses. When you file for compensation by making an accident at work claim against an employer, you can also claim out of pocket expenses that you incurred as a direct result of the injuries you sustained. You could also include travel and medical expenses as well as all other costs that you can directly link to the workplace injuries you suffered
When it comes to the amount of accident at work compensation you may be awarded, this could depend on several things which include the following:
- The severity of your injuries and how they impact your future life
- Whether you are able to continue working or your injuries prevent you from doing so
- Whether you need ongoing, long-term treatment, therapy or rehabilitation
- Your level of responsibility if your case involves contributory negligence
It is also worth noting that personal injury compensation is awarded in two parts which are general damages for your injuries, pain, distress, suffering and loss of amenity and special damages for out of pocket expenses incurred as a direct result of having been injured in an accident at work.
The best way of finding out how much accident at work compensation you could be entitled to receive, you should get in touch with a personal injury lawyer who would offer you an initial consultation typically carried out over the phone and which is free of charge. The solicitor would assess your case and be in a position to let you know whether you have a valid claim against a negligent employer and the amount of accident at work compensation you could receive.
There is a deadline that must be respected when you file an accident at work claim. In short, you must file a case before the statutory time limit of 3 years runs out. With this said, even if there are several months left, the time it takes to gather necessary evidence and other relevant information may mean that you run out of time to file your claim against a negligent employer. The other reason why it is advisable to make a claim sooner rather than later, is that all the details of the accident at work would still be fresh in everyone’s minds which includes any witnesses to the incident. If you wait too long before initiating legal proceedings, you may find that your claim would be “time-barred”.
- 3 years from the time you suffered a workplace injury
- 3 years from the date you turn eighteen years of age should the accident at work happened earlier than this
- 3 years from the time you are diagnosed as having developed some kind of medical condition that a doctor or specialist links to the workplace injury you suffered
An employer would be acting not only unlawfully but unfairly if they fire you following an accident at work and because you seek compensation from them. Should this be the case, you may have the right to file further legal action against them and be awarded compensation not only for the injuries you sustained but for an unfair dismissal too. As such, before doing anything, you must get in touch with a solicitor at www.accidentclaims.co.uk who would offer essential legal advice on what you should and should not do if an employer threatens you with the sack or has fired you because you filed an accident at work claim against them.
Your employer must abide by Health and Safety regulations and other UK laws that protect you and your colleagues in the workplace. They have a legal duty of care towards all their staff whether permanent or temporary. Should an employer fail in their duty towards you and as a direct consequence you are injured in an accident at work, it could entitle you to seek compensation by citing an employer was in breach of the duty of care towards you.
Your employer’s responsibilities in the workplace are there to protect all workers from being injured or harmed. These responsibilities mean that an employer must set in place the following to reduce the risk of an incident occurring which could result in you suffering a workplace injury:
- Carry out regular risk assessments and to set in place ‘reasonable’ measures to reduce the risk of an accident happening
- Provide adequate industry-standard PPE – personal protective equipment
- Ensure that a work environment is clean, tidy and safe for employees and other staff to work in
- To make sure that all staff both temporary and permanent employees are adequately trained to carry out a job safely
- To ensure that ongoing training is provided at regular intervals
- To ensure that all tools, equipment and machinery is maintained in good working order
If an employer fails to provide a safe environment for you to work in and you have adequate evidence to show negligence led to you being involved in an accident at work in which you suffered some kind of injury whether minor or a lot more severe, you could be entitled to file a work-related personal injury claim so that you are compensated for the distress, pain, suffering and loss of amenity you endured as a direct result of employer negligence.
There are many accident at work calculators that you could use on the internet, however, these are just marketing tools which are never that accurate because every case is different. As such, the level of compensation you may be awarded you may be awarded would differ from the amounts indicated in an online accident at work compensation calculator.
It is far better to get in touch with a solicitor who specialises in work-related personal injury claims who would offer a much better idea of the amount of compensation you could be awarded providing your case is deemed valid and that an employer could be held responsible for the workplace injury you suffered.
It is also worth noting that when you file a successful accident at work claim against an employer, you would be awarded general damages for the injuries you sustained which are not only based on the extent of your injuries but also on the Judicial College Guidelines. On top of this, you would receive special damages to reimburse you for out of pocket expenses.
You have the right to seek legal advice from a solicitor if you are injured in a workplace accident that an employer could be held responsible for because they were negligent in their duty to keep you safe from harm at work. An employer cannot prevent you from seeking legal representation following an accident at work and if they do, you should discuss their behaviour towards you with the lawyer you contact. It could entitle you to pursue further legal action against an employer.
Most solicitors would offer to represent you on a No Win No Fee basis once they are happy that your case is valid and that an employer could be held responsible for the workplace injuries you suffered through their negligence. This would involve signing a Conditional Fee Agreement with the firm of solicitors who agree to act on your behalf with requesting you pay them an upfront fee or retainer to do so. The only time you pay for a No Win No Fee solicitor’s services, is when you are awarded the accident at work compensation you would be entitled to and the amount is deducted from the amount you receive. Should you lose the case against an employer, because you signed a No Win No Fee agreement with the solicitor, there would be no “success fee” to pay for the services and legal advice the lawyer provided.
If you were injured in an accident at work and you would like more information regarding reportable incidents, please click on the link provided below:
For more information on health and safety in the workplace, please follow the link provided below:
If you suffered a workplace injury and would like more information on how general damages are based on the Judicial College Guidelines, please follow the link provided below: