Industrial injury claims refers to any injury, disease or disability that can be directly attributed to an individual’s working environment and was caused as a result of negligence.
Industrial injuries can have severe consequences, disabling injuries, loss of earnings and even the inability to look after yourself and others. Sometimes industrial injuries happen because of an employee’s mistake or because the management failed to put proper protective measures in place.
These injuries are more prominent in manual jobs, such as factories and building sites, however they can occur in any working environment.
If you sustained an industrial accident at work, it is likely that you have many questions regarding if you are eligible to make a claim for compensation and how to make a personal injury claim.
Industrial injury claims: what are an Employer’s legal responsibilities regarding employee safety?
Within the law, employers have a duty of care towards their employees. This is regardless of the nature of your job or whether you have a fixed or temporary contract with your employer. In legal terms your employer is required to put certain measures in place to protect you from any illness or injury.
These measures tend to usually 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, you may be eligible to claim against your employer is they have 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.
Also, if you are an agency worker and you have suffered an accident at work while you have been in the temporary employment of a company or business, you could also be entitled to claim for compensation against an employer however, 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.
Am I eligible to make an industrial injury claim?
You may be able to claim for an accident if you are injured at work from a variety of reasons. Below are just a few of the common types of industrial accidents that can happen in the workplace which could lead to many different types of injuries.
- Slip, trip or fall due to company negligence
- Dangerous machinery in the workplace
- Non-adherence to Health and Safety regulations
- Faulty lifting and manual handling 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
- Assault at work
- Industrial deafness
- Industrial injuries and industrial diseases such as hand arm vibration syndrome or vibration white finger
- Exposure to asbestos
Claiming for industrial accidents
In order to claim industrial injuries compensation, you must be able to prove that your workplace injuries were caused by your employees or another colleagues’ negligence.
You should gather evidence which can support your claim. Below are just a few pieces of evidence that you could be asked to provide:
- Any witness statements alongside their contact details
- Any CCTV footage of the accident occurring (if available)
- 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
Industrial accident claims: time limits
The law on time limits for industrial injury claims for compensation is complicated. However, the general rule is that you have three years from the date of the injury to have either settled your claim or started court proceedings where the injury occurred at work. The three year deadline commences from the date that the accident occurred, or from the date on which you realised that your injury was associated with an accident in the workplace.
What can I claim?
Personal injury claims are made up of two areas; in legal terms, we call these general damages and special damages.
General Damages – This is the amount you receive for your pain, suffering and loss of amenity as well as all the difficulty you faced as a result of this.
To calculate this amount we look at previous cases which are similar to yours, together with guidelines which are issued to Judges who decide the outcome of such claims if they go to Court. Your case will be valued on the basis of your injuries as described by suitably qualified medical professionals.
Special Damages – These are any direct financial losses which you may have suffered as a result of your injuries. Typically, these may include loss of earnings up to the settlement, loss of earnings in the future or the costs of care provided to you.
As well as these forms of compensation there is also the Industrial Injuries Disablement Benefit (IIDB) which is for individuals that have become disabled because of an injury at work, or who have developed certain diseases from a place of work. IIDB is a no fault scheme paid by department for work and pensions.
How can Wildwood Legal assist?
At Wildwood Legal, our core strength is in personal injury claims. We are experienced in helping Claimants make accident at work claims. We aim to give you not only quality aid but flexibility and clarity as we know that these qualities are just as important.
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 injury at work claim is presented in the best possible way to ensure maximum possible compensation. We are authorised and regulated by the Solicitors Regulation Authority.
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. We operate most claims using a no win, no fee agreement, meaning you will not have to pay our fees if your claim fails.
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.
If you are considering making a claim against your employer, get in contact with us either email us email@example.com or call us on 01423 209 046 for specialist legal advice on industrial injury claims.
For more information visit our Accidents at Work page.
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