Am I Eligible to Make a Work Accident Claim?
In most cases, your employer will have worked hard to ensure that every member of staff at their company is properly trained, that equipment is properly maintained and that all health and safety regulations are adhered to. However, no matter how many precautions are taken, workplace accidents can still happen.
So if you have been injured while doing your job, can you make an accident at work claim?
The answer depends on the type and severity of the injury you have suffered. Injuries resulting from workplace accidents may range in seriousness from minor lacerations and sprains to broken bones, and, in the worst cases, permanent disabilities.
Many people are not aware that they may be able to make a compensation claim for their work-related injury, which is why the expert solicitors at DPP Law have produced this article.
We know how important it is for employees to be aware of their legal rights at all times, and to ensure that employers are held accountable for failing to follow proper procedure. Read on to discover whether you may be eligible for compensation after an accident at work.
Can I Claim For an Accident at Work?
Your employer is liable for your health, safety and welfare. According to the Employers’ Liability Act 1969, they are also legally required to invest in Employers’ Liability Insurance and to conform fully to the Health and Safety requirements of their industry.
If you suspect that your accident occurred because your employer neglected to adhere to any of the obligations listed above, it’s highly likely that you will have a case for an accident at work claim.
In some circumstances, you may even be able to claim personal injury compensation if your accident was partly the result of your own actions. An example of this might be that you knew that your employer had failed to get a faulty machine fixed, but you used it anyway, causing you to get hurt. As long as it can be proven that the injury would have been avoided if your employer had taken the correct steps, your claim may still be successful.
For this reason, it’s often worth attempting to make a claim even if the fault is difficult to determine at the time.
What Can I Make a Work Accident Claim For?
If you or someone you know has received any of the below injuries while doing their job, it may be possible to make an accident at work claim:
- Spinal, neck or shoulder injuries
- Burns and scalds
- Head, facial and brain injuries
- Loss of sight or hearing
- Hand or arm injuries
- Leg or foot injuries
- Fatal injuries or injuries resulting in a lasting disability
One of the most important things to do is to visit your doctor and ask for a note from them describing the full and exact nature of your injuries, as this will be useful when making your claim.
How Much Compensation Can I Claim For a Work Accident?
The size of your personal injury compensation claim will depend on the severity of your injury or the amount of time it has forced you to take off work.
You may have missed out on wages or other jobs as a result of your accident, or you may have accrued considerable bills due to the financial pressures of living with your injury, and this will all be taken into account.
For the most severe cases, including a death resulting from a workplace injury, it is possible to claim over £300,000 – excluding compensation for connected matters such as funeral costs or anguish.
How Do I Make a Compensation Claim?
You need to make your compensation claim as soon after the event as possible. If you wait too long, the reason for the delay may be questioned in court. It may also be necessary for the witnesses to be interviewed and for CCTV recordings to be checked to determine the exact cause of the injury and to determine whose fault it may have been.
Your employer is required to keep an accident book and complete an entry every time an incident occurs at work. This should be referred to as part of your claim.
If you suspect that your employer has neglected to update their accident book – or if they have not had the opportunity to complete your entry, you should make notes and ask for them to be included in the book as soon as possible.
These notes should include the date and time of the accident, what happened and how, who was involved and details of any injuries.
As soon as possible after your accident – before you make your claim – you should seek advice and representation from a trusted legal specialist. They will help you to prove that the accident was not your fault, and will fight for you to receive the full amount of compensation that you deserve.
You may be eligible to claim compensation for an injury at work if it is proven that your employer contributed to the accident in some way – whether through neglect, the deployment of untrained workers or a failure to properly maintain the working environment or equipment.
The type of injury you have suffered will also determine the level of compensation you will receive, with lasting injuries, amputation, loss of sight or hearing and death resulting in the highest amounts.
You should collect as much evidence of the incident as you can, then get in touch with your chosen legal specialist to assist you throughout your claim.
DPP Law’s expert solicitors have successfully fought for our clients to be compensated for injuries at work for over 30 years. If you have suffered an injury at work, get in touch with us as soon as you can on 0333 200 5859 or by using our online contact form. Our solicitors will be more than happy to talk you through your options regarding your claim.