Work Accident Compensation Claims
Our free work accident claims guide is here to help victims understand what exactly are accidents at work and what you can do following a workplace injury.
Suffering an accident at work can be extremely difficult and stressful. The workplace is supposed to be a safe environment, but a high proportion of all accidents in the UK occur in the workplace. Workplace accidents range from the very minor to those leading to life altering injuries and even fatalities.
It can seem very stressful to make a compensation claim for your accident or injury at work, because you may be worried about the responses of your supervisors, management or even your co-workers. Accident at work compensation claims can also be some of the most important and straightforward, however. This is because it can be much easier to prove that your employer should have taken steps to protect you as they have a statutory duty of care. This means that they have a legal obligation to think about your welfare and to take steps to avoid or mitigate any accidents or injuries you may be likely to sustain. Mitigating an accident or injury means that they take measures to make any accident that does happen less severe. An example of this is the use of hard hats on construction sites. They don’t prevent accidents where an object falls onto your head, but they do ensure that the resulting injury is far less than it would have been otherwise.
If you have suffered an accident or injury at work and would like to know whether you might be able to make an accident at work compensation claim, call us on 0121 565 4317 or use our claims form to arrange your free, no obligation consultation. Our expert team of personal injury claims solicitors are waiting to take your call.
What Is A Accident At Work?
A work accident is any accident that takes place at your work, as a part of something you have been asked to do for your job or in a location you have been asked to go to for work. This means that accidents in the office canteen count as work accidents, as do accidents sustained working on a client’s site or using any equipment that was supplied by your employer. Road traffic accidents on your daily commute do not count as work accidents. The easiest way to be sure whether your accident or injury is considered a work accident is to ask yourself whether your employer had any influence or control over the situation you found yourself in. If they did, the chances are it was a work accident.
Why Do Accidents At Work Happen?
Accidents at work cover a wide range of issues, and do not need to be the result of a single traumatic event, although they often are. Examples of accidents at work include:
1. Trips, Slips Or Falls On Work Premises
Your employer is responsible for making sure that your working environment is kept safe and secure, and this includes making sure that passageways and paths are kept clear and fit for purpose. This means that if you slip over on a wet floor that was not signalled through the use of clear signage or on paving that has become uneven due to inadequate maintenance, you may be able to make a compensation claim for your accident or injury at work.
2. Poor Maintenance
Accidents or injuries sustained as a result of poorly maintained or faulty machinery. Working with machinery can be inherently dangerous, so it is essential that all equipment you are required to use as a part of your job is kept in full working order. This is especially true for any form of blade guard or other safety feature. If the machinery is faulty and your accident or injury is the result of this fault, your employer would be considered liable for a compensation payment.
3. Work Training
Accidents or injuries sustained as a result of lack of training. Many people believe that if they made an error that led to their accident or injury, that they will not be able to make a compensation claim for their accident at work. This is often not the case. Your employer’s duty of care means that they are required to ensure that you have received sufficient training for the tasks that you are performing at work, including manual handling, lifting or operating machinery. It is also essential that this training is refreshed as necessary and that procedures are in place to ensure that the training is being followed. If you are the victim of an accident or injury as a result of being asked to perform tasks that you were not trained to do or to being asked to ignore safety procedures that you were taught to follow, you are likely to be able to claim compensation for your injuries.
4. Lifting Injuries
Even with correct training, it is possible to develop injuries to the back, arms, shoulders and legs through being asked to lift more than you are able or having to carry out repetitive tasks with a heavy weight over and over. If your employer has not ensured that the amounts you are lifting are appropriate for your gender, the height you are lifting them from and to and the distance from your body, they may be liable for any sprains, strains, backache or even more severe injuries you suffer than come from this lifting task.
5. Falls From A Height
Falls from a height are a common cause of accidents or injuries at work. They could be the result of poorly maintained ladders and scaffolding, or you being asked to perform tasks that required you reaching out over a large gap that could not be performed safely. Other factors could include if your employer has not provided sufficient staff, such that there is no one available to hold the bottom of your ladder while you work at height. There are a wide variety of working at height rules and regulations laid down in law to ensure your safety, and it is essential that your employer follows all of them. If they have failed to do this and you suffer and accident or injury as a result, you will have a strong case to claim compensation for your accident at work.
This list is not intended to be exhaustive. There are a great many other potential accidents at work that can lead to you being able to make a compensation claim. If you have suffered an accident at work and been injured as a result, call us on 0121 565 4317 or use our online claims form to arrange your free, no obligation consultation.
Will I Lose My Job If I Make A Work Accident Compensation Claim?
The short answer to this question is no. It is illegal for any employer to punish any member of staff in any way for making a personal injury compensation claim for an accident sustained at work. They are not allowed to fire you, to assign you less desirable tasks, to pass you over for promotion or to do anything that might be thought of us punishing you for making a claim. Obviously, the fact that it is illegal doesn’t mean that there are no employers in the country who might attempt such actions, although it is very rare. If you feel that you are being punished at work for making your work accident compensation claim, it is essential that you let us know straight away. Usually, the issue is resolved by a short letter from us as your solicitors reminding your employer of their legal obligations. If not, we will be able to put in an unfair dismissal or constructive dismissal case. The courts tend to look extremely unfavourably on employers whose disregard for safety leads to their staff being injured and who then punish the staff for highlighting the issue and obtaining the compensation they are entitled to. Very few employers will be willing to take that risk.
Another worry many clients have is that their compensation claim for their accident or injury at work might lead their employer to go out of business. This is a particular concern for those working for small businesses. It is important to remember that all employers in the UK are required to take out insurance to cover any and all accidents or injuries that might take place in the workplace. This means that your compensation payment will always come from the insurance company rather than your employer having to find the money to pay you themselves. This means that you are able to make your work accident compensation claim secure in the knowledge that you are not harming your employer or your co-workers.
Have Questions About Starting A Work Compensation Claim?
If you have any questions about your work accident or if you are ready to being making your work accident compensation claim, call us on 0121 565 4317 or use our online claims. Our expert team of personal injury claims solicitors will listen to your story, making sure that we understand the exact details of what has happened to you and the impact it has had on your life. We will then be able to give you the best possible advice as to how to progress your claim.