Workplace injuries and your legal rights
An accident is an unpredictable event that can occur at any time. Accidents at work can create challenges when trying to fulfill our duties.
If an accident has happened due to someone else’s negligence and you sustained an injury as a result, then you could be eligible to make a claim for compensation for your workplace injuries.
It is the duty of your employer to provide you with a safe environment and take care of your well-being. If they failed to maintain their duty and an accident has happened; then you could be eligible to make a claim.
Find out your legal rights and the time limit for making an accident at work claim below.
Ensuring workplace health and safety
The first thought that comes to your mind after getting injured is your safety. It is the responsibility of your employer to conduct adequate risk assessments and ensure precautionary measures required for their employee’s health and safety are taken. A first aid kit should always be present on every site, your employer should also ensure there is a first aider on site at all times.
Workplace accidents and employees’ rights
An accident at work, or injury caused in the workplace, is an unfortunate event. It is the duty of your employer to provide you with a safe environment and take care of your well-being. If they failed to perform their duty and an accident has happened; then you could be eligible to make a claim.
A frequently asked question regarding an accident at work is, “what are my rights?”. The very first thing you must be aware of is that your employer should always have covered in case you have an accident at work; no matter what your job role is or the environment where you work. Every employer owes their employees a duty of care, if they failed to maintain their duty and an accident has happened as a result; then you could be eligible to make a claim.
What types of workplace accidents I can claim for?
There is no list set for what you can claim for as each workplace has its own dangers.
Every employer is required to make sure their employees’ health and safety is protected; if they have breached this duty then you could be eligible to make a claim for compensation.
Following is a list of workplace accidents you can claim for:
- Slip, trip or fall accident.
- Office accidents.
- Warehouse accidents.
- Factory accidents.
- Dangerous machinery accidents.
- Agricultural and farming accidents.
- Accidents at the Industrial sites.
- Accidents at construction sites.
- Accident as a carer.
The above are examples, so if you have been involved in a workplace accident but it isn’t listed above then don’t worry, you could still be entitled to make a claim.
Eligibility criteria for making an accident at work claim
Accidents in the workplace can happen to anyone at any stage of life; no matter how strict the precautions that are put in to place to prevent an accident at work are. Workplace accident claims range from minor, to severe injuries, from bruising, lacerations and sprains, to severe burns, fractured bones and amputation; in the worst cases, an accident at work could even result in death.
Employers are responsible for the well-being and safety of their employees. If due to some reason they have failed to provide you with proper training, PPE and/or the correct tools/equipment and you have sustained an injury as a result, then you could be entitled to make a claim for compensation for your losses and suffering.
I have had a workplace accident, what should I do?
Every workplace should have processes and procedures to ensure that the health and safety of their employees is not at risk, and to protect an employee sustaining workplace injuries as a result of an accident.
Being injured in a workplace accident can leave you in shock, and sometimes it’s difficult trying to remember what to do or procedures to follow. However, following the steps below could help you make a strong compensation claim:
- Make a record of the incident, e.g. noting what has happened in a diary and taking photographs.
- Collect statements from witnesses, if any.
- Request CCTV footage, if available.
- Make a record in the workplace accident book – it’s beneficial to make sure you record details of your injury/illness, the time the accident happened, place and description of where the accident happened.
- Seek medical attention from your GP for your injuries/illnesses, this way your accident will be recorded officially.
- Keep track of any additional expenditures incurred as a result of incident.
Time limitations while making a workplace accident claim
There is a time limitation put in place by statute on workplace injuries, which is three years from the date the accident happened, to pursue a claim.
However, there are exceptions to the statutory limitation; which are as follows:
- Capacity – if an accident has resulted in serious, life-changing workplace injuries, e.g. serious head and brain injury, which has subsequently left the victim unable to make a claim themselves, then there will be no time limit on pursuing a compensation claim.
- Age – if you were under the age of 18 when your accident happened then your limitation doesn’t start until you are 18 and legal able to pursue your own claim, meaning you have until your 21st birthday to claim compensation.
How much compensation will I receive?
To assess how much compensation you will be entitled to your solicitor will evaluate the impact caused on your personal and work life as well as the pain and losses caused by the injury you sustained.
Therefore, when assessing the compensation amount and negotiating your compensation, your solicitor will also strive to recover:
- Compensation for the pain you experienced as a result of an accident.
- The effect the injury has had on your personal life.
- Loss of earnings due to time taken off work.
- Future loss of earnings.
- Future employment prospects – if you can return to the same role, if you can fulfill the same amount of hours, if your injury will impact your career growth etc.
- Psychological problems.
- Additional expenditures such as travelling, medications, treatments, visits to your GP.
- Adaptations you may have had to make to your car and/or home.
How will I be able to pay for my workplace accident claim?
We completely understand your workplace accident can mean financial stress due to time off work; but you don’t need to worry; claiming doesn’t need to be an additional stress!
We can work on a No Win No Fee basis, call Direct Solicitors today on 08000 250 250 and find out if you are eligible and how much you could claim.
No Win No Fee claim means you don’t have to pay any upfront cost. You only have to pay when our solicitors win your case.
