If you have a work accident claim then you may be worrying about the impact it might have on your employer. Not everybody hates Mondays. In fact, a lot of people see their jobs as more than just their livelihoods. They enjoy going to work, seeing their colleagues and enhancing their skills in their profession.
Employers can do their best to try and prevent accidents. But occasionally they just happen. If you have had an accident at work then you may be considering whether or not you should file for compensation. Your injury may only be minor, but if it has forced you to stay off work without statutory sick pay (SSP), this can have a negative impact on your life, especially if you lose out on your wage. Worse still, you may be asking yourself whether or not this could affect your relationships with your co-workers. There is a lot to consider when you are making an accident at work claim.
It is important to remember that you need a way to support yourself whilst you are recovering from your injury. There will not be any hard feelings if you request what you are owed by your work place. You do not have to go through this alone. Working with an accident at work claims specialist from Gowing Law Solicitors can put you at ease and make sure you get the support and compensation you deserve.
Just remember it is your right to claim compensation if you have been injured.
Remote Working & Work Place Safety
For the last two months, the UK has been under lock down due to Covid-19. Whilst a large number of non-essential workers can still work from home with the help of video calls, VPNs and electronic communication devices, there are overs that need to be “on-site, on time.” Some essential workers, like hospital staff and construction workers, simply cannot do their duties from home. That’s why accidents at work can still happen. Not only do essential workers need to worry about the impact of Covid-19 on themselves and their families, but if their employer has not focused on the safety of their work environments, there is a high chance that work hazards could cause you to have an accident. This could include trips, falls, slips, hazards on the floor and unsanitary conditions.
Unless you are working from home, you should not be the person in charge of house-keeping. Instead, there should be a cleaning team and HR Staff that takes care of the cleanliness and risk assessments of the work place. That way any unnecessary injuries to staff can be prevented.
What causes workplace accidents?
If you are one of the people who have been told to go back to your workplace, it’s important to consider your workplace safety, especially if you are the main breadwinner of your family. If you have had any of the following accidents then it may be time to report it to RIDDOR (Reporting of Injuries, Diseases and Dangerous Occurrences Regulations) in the HSE.
It is important that you file a compensation claim as quickly as possible. Businesses are required to take out insurance and take note of any accidents that occur on their property. That way they can protect themselves against the liability of your accident and can do everything that they can to ensure you are fully cared for. Your employer has a duty of care towards you. That’s why you should not be worried about claiming compensation for your accident.
What am I owed from an injury at work?
Lots of people may ask “do I still get paid if I’m injured in the workplace?” Unfortunately, not all employers may pay you SSP. It entirely depends on what has been written into your contract. Whilst this may seem unfair, this just makes it even more essential that you check your contract to ensure it is there. You may even have the right to claim for additional sick pay if your accident at work has stopped you from working on-site.
If you have suffered from a work-place injury then you need to do everything you can to strengthen your compensation case. Here is what you need to do:
- Report your accident to your employer as quickly as you can.
- Ask your employer to help you contact medical help.
- Ask to have your accident listed in your employer’s accident report book- If you are too injured to do it yourself then ask someone else to write it up and give you a copy.
- Report the accident to the HSE or your solicitor to talk about compensation.
- Ask your employer about SSP or compensation. Report any problems to your legal advisor.
It is your employer’s legal obligation to ensure that all risk assessments have been properly followed. That way they can build up the confidence of their staff when they enter the workplace. They have a responsibility of care towards you, especially when it comes to identifying potential hazards.
Collecting your Evidence
No matter how bad your injury was, it is essential that you collect evidence of the accident to prove that it happened on work grounds. That way, if you do make a work accident compensation claim, it does not become a case of “he said, she said.” Instead, you can have photographic evidence to back up your side of the story. If you have become sick (i.e. with Covid-19), as a result of poor sanitation conditions at work, then you can document it.
You may also want to consider:
- Taking pictures of your injury and the hazard that caused your accident.
- Finding out the contact details of any witnesses.
- Writing notes about the smaller details of the accident- You can also include drawings if they help you remember any additional details.
- Asking your witnesses to make notes so you can compile them into a report.
Are there any risks of me being fired if I make a work accident claim?
Naturally, if you are thinking about making a compensation claim for an accident, you probably have a number of worries floating in your mind. Have you had any of the fears above? These are completely normal.
On average, we spend around 1/3 of our lives at work. Therefore, it is crucial that you get on with your colleagues and boss, and feel comfortable in your work environment. You may be worried that if you try to claim work accident then this will ruin the atmosphere in your work. Worse still, this may anger your employer and it may force them to fire you. These are all worries that you will need to force before you are able to make your claim. But seriously, let’s put those worries at ease.
You cannot be fired for making a compensation claim for a work accident!
The worries that were stated in the image before are exactly that, just worries. You cannot be dismissed from your employment position if you are hurt in an accident. You may have been the one in the accident, but your employer still breached their contract of care towards you. This does not change even if you have a bad relationship with your employer, or you have caught an illness or been in a hurt by a hazard in the workplace. Anyone who has been injured has the right to seek compensation.
Your employer needs to ensure that you do not feel uncomfortable about making the claim. This is not about relationships or emotions. Instead, it is about getting you the money you deserve to help you recover from the accident. They will not cut or your wage or punish you for getting hurt. For instance, if you caught Covid-19 and your employer unfairly dismissed you, this could be an employment tribunal case in itself!
How do I know that I won’t be negatively effecting my employer?
All businesses are legally required by the UK government to have a form of employer liability insurance. If they are not insured then they could be fined up to £2,500 per day. This is because they are putting their employees at risk should they have an accident at work or want to put in an accident at work claim. The UK government department of HSE will not stand for this negligence.
If you have an accident, then your employer can use their liability insurance to pay for your compensation. They will not have to pay for it out of their own pockets. Your fellow employees or employer will not be affected by your losses or injuries. So, why should you wait to claim? It is your right and you deserve to feel supported by your employer, even if you are off sick or are too injured to work for them. The longer you wait, the more likely you are going to forget crucial evidence. So, get in touch with a work accident claims solicitor as quickly as possible.
Can I be legally disciplined if the accident was my fault?
No. You cannot be legally disciplined. Your employer should have put in safety regulations in the first place to protect you against any hazards that you were unaware of in the first place.
It’s important to understand the different between getting hurt because of misconduct and because of an accident. If you were fooling around in a dangerous environment, or caused a hazardous situation because you wanted to impress your colleagues, then your employer can discipline you. This could be through a written or verbal warning. You know precisely what sort of behavior is expected of you, and you must be prepared to uphold it as best you can.
However, if you got hurt on account of negligence or because you were unaware of safety procedure, you can file a compensation claim against your employer for compensation. Your employer does not want to illegally discriminate against an injured employee, therefore if they do not know for certain whether or not your misconduct was the reason for the accident, it is likely that they will simply deal with your compensation claim. They certainly will not want to face an employment tribunal or a lawsuit against them and the company.
Why should I make a compensation claim?
It is your right to get compensation for any sort of injury that happened to you in the work place. It could be on a construction site or even in an office. If your environment is not safe for you and your fellow workers, this needs to be addressed. Be confident and bring this up with your employer. If they do not listen then it is clear that they were negligent and did not care about their employers. Empower yourself with a compensation claim:
How do I make a compensation claim against my employer?
An employer is legally responsible for the safety and welfare of all of their staff. That’s why it is your right to claim for compensation if you were injured during your work hours. Here is what you need to do if you have been hurt:
- Note down precisely what happened and how you were injured and take notes from witnesses.
- Report it to your employer and ask them to write it down in their incident book.
- Go to medical or schedule an appointment with your GP. They can let you know if you need to take any time away from work to recover.
- Record your injuries through photographs or daily diaries. You can claim compensation for both physical and psychological trauma, so it is good to keep notes on them.
- Speak to your employer about sick pay and inform them that you intend to claim compensation from your injuries.
- Speak to a trained accident at work solicitor to work with you on your case.
A trained lawyer will speak to you about all of the details of your case. Make sure to present them with an organized report of the event and any important details they may need to know. This includes information about your contract, your place or employment and how your employer is responding to your compensation claim.
Gowing Law Solicitors can help you with your work accident claim!
Gowing Solicitors have trained accident at work lawyers that can help you get the compensation that you deserve. They offer free consultations and advice sessions that can help you get on the right track. If you do decide to work with us, we work on a “no win-no fee” basis. That means no matter what the outcome of your claim is, you will always end up on top. Work accident compensation claims can be tricky, therefore it is always good to have an experienced lawyer ready to guide you through your case. They will keep you up-to-date with the latest information about your case. Feel free to ask them anything you like, they would be more than happy to help you.
You can contact Gowing Law’s accident claims team in Manchester by calling 0800 041 8350, emailing info@gowinglaw.co.uk or using our direct messaging system located on our contact page.
Want to learn more?
No one wants to go into a compensation case without understanding the basics of UK law. This is why you will find informative and detailed blogs about a range of different topics on our blogging page. This includes information on how to write a will, Covid-19 advice for employees and many other topics. If you have a blog topic that you want us to cover, we would be more than happy to oblige you. Let us know by emailing info@gowinglaw.co.uk.
We look forward to working on your case soon!
