Have you been injured in an accident at work that wasn’t your fault? Having a workplace accident can have severe consequences, including disabling injuries, loss of earnings and even the inability to look after yourself and others. Sometimes accidents at work happen because of an employee’s mistake or because the management failed to put proper protective measures in place.
If you sustained an injury due to an accident at work, you might be thinking, “I’ve had an accident at work; what are my rights?” It is likely that you will have many questions regarding your rights and how you can make sure that these rights are protected.
There have been several legal Acts introduced over the years to ensure your rights at work are protected. The details of employers’ legal responsibilities in regards to worker’s safety as part of Health and Safety regulations are covered in some of these laws.
In certain circumstances, even if you contributed to your own accident at work, you may still be able to claim injury compensation if your employer is deemed to have been the main instigator of your personal injury at work.
What should your employer do to keep you safe at work?
Within the law, employers have a duty of care towards their employees. This duty of care extends to all employees, regardless of the nature of your job or whether you have a fixed or temporary contract with your employer. In simple terms, your employer is legally required to put specific measures in place to protect you from any illness or injury whilst at work.
These measures tend to include things such as providing you with proper training and industry-standard personal protective equipment, as well as the maintaining of said equipment and conducting regular inspections of the workplace.
Therefore, if your employer failed to provide these measures and you are then injured as a result, you may be entitled to compensation for any injuries that you sustained in the workplace.
I’ve had an accident at work; what are my rights as an agency worker?
If you are an agency worker and you have suffered an accident whilst at work, you will still be entitled to claim for compensation against the employer. Agency workers must be able to provide evidence that the accident occurred through no fault of their own, and it happened whilst they were working for that company within the last three years.
Making a claim for an accident at work
You may be able to make an accident at work claim if you have been injured at work for a variety of reasons. Below are just a few of the reasons you may have been injured in the workplace and, as a result, could make a valid claim:
· Slip, trip or fall due to company negligence
· Dangerous machinery in the workplace
· Non-adherence to Health and Safety regulations
· Faulty lifting and manual practices brought on by a lack of training
· Dangerous practices and procedures in the workplace
· Defective or poorly maintained equipment being used by employees
· Negligence of co-workers and staff members
Common injuries that you may sustain as a result of these reasons are:
· Spinal and spinal cord injuries
· Brain injuries
· Loss of sight
· Head injuries
· Burn and scald injuries
If you are suffering from any injury which was caused by any type of accident at work, you should consider making a claim.
Your rights following an accident at work
If your injuries were caused by someone else’s negligence at work, you may be able to make a claim for compensation.
There are various things you can claim for following an accident at work that was not your fault.
Below are just a few examples:
Loss of income – If you were required to take time off work due to your injuries, you should be able to recover your loss of earnings for the full period of time you were unable to work.
Pain and suffering – The law considers the fact that there is a certain amount of trauma and pain that can be associated with accidents that have happened in the workplace. Therefore, it has made a provision for injured workers to obtain compensation for the same.
Loss of amenity – You may be able to claim an amount of compensation for your loss of amenity. This refers to instances when your injuries have prevented you from participating in activities that you had previously taken part in and enjoyed. A loss of enjoyment can directly affect your life and can lead to long term effects such as mental health issues like frustration and depression. There is a provision in the law that covers any loss of amenity resulting from an accident at work.
Other financial losses – Other financial losses which were directly caused by the accident at work, such as medical costs and travel costs, can also be recovered as part of a personal injury claim.
What should I do after I have had an accident at work?
Following an accident at work, ensure that you seek medical attention from a Doctor/General Practitioner as you may find that the extent of the injury is much more serious than you had originally thought.
Also, having an official medical report will only strengthen your case further against a negligent employer as it could be used as crucial evidence to prove that you are suffering from an injury.
You should report the accident to your employer as soon as possible and ensure that a record of the accident has been made in the accident book.
After you have suffered an accident at work, it is in your best interest to talk to a personal injury solicitor as soon as possible as they can discuss your entitlements with you and advise you on your options going forward. Personal injury Solicitors can also provide clarity on whether you have been wrongly injured at work as they are legal experts and specialise in compensation claims.
Evidence required for making a claim
You may also be required to provide further evidence to prove pay entitlements following an accident at work. Below are just a few pieces of evidence that you could be asked to provide:
· Any witness statements alongside their contact details
· CCTV footage of the accident occurring (if available)
· Evidence that the accident and the injuries you sustained were officially recorded
· Any photos that you have of where the accident occurred and/or photos of the injuries that you sustained
· Evidence that you reported an accident to the correct person, whether that was an employer or a person in charge
Working with a Solicitor on a no-win, no-fee basis
Wildwood Legal offer their services on a no win no fee basis. This structure essentially means that if your case is not upheld by a Court, there would be no legal costs to pay for any of the legal advice or representation that the Solicitor provided.
Entering this agreement with a Solicitor allows them to begin working on your case without having to request any money upfront. If you case is successful, we will deduct any charges, including the success fee from your compensation on the conclusion of your case.
Will I lose my job if I make a claim?
The law is very clear that it is illegal for an employer to terminate the contract of an employee just because they are making a claim for compensation against them. Therefore, you should not need to worry about losing your job. You should also not be worried about making a claim after an accident, as your employer should have insurance in place to cover the costs of any employee injuries.
If your employer terminates your employment without good reason, you should contact a solicitor that specialises in employment law as you may also be able to file an unfair dismissal claim against your employer alongside your work-related compensation claim.
How can Wildwood Legal help?
At Wildwood Legal, our core strength is in personal injury claims. We are experienced in helping victims of workplace accidents in making claims for compensation. We aim to give you quality assistance, flexibility and clarity as we know that these qualities are all very important.
We work on claims for people who have suffered accidents at work every day.
We have acted for people from all walks of life who have been injured at work. From builders to bankers, postmen to plumbers, scaffolders to shop assistants and everything in between, we have acted for them and recovered compensation which was rightfully theirs.
The law relating to accidents at work is complicated and can be a minefield for the unwary. We will guide you professionally through every step of the journey and make sure that your claim is presented in the best possible way to ensure maximum compensation is recovered.
We value the opinion of our clients. We will always listen to you and take on board what you say.
With 25 years of experience in personal injury law, we can help you with your claim. We always strive to put you at ease and explain the process clearly.
Our aim is to obtain a great outcome for your case, we value the opinion of our clients, and we will always listen to you and take on board what you say. Most importantly, we are on your side.
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