Category: Work Place Accidents

The Basics of Accident at Work Claims: Explained by Gowing Law Solicitors

Posted on June 30, 2020 by Hannah Fletcher - Blog, Covid-19, Work Place Accidents

Accidents at work claims are more common than you may think. Before the world turned upside down due to Covid-19, you may have worked onsite with different colleagues to complete a range of tasks. No matter what sort of work environment you spent the majority of your day in, there were most likely hazards scattered around your environment that you were not aware of. These hazards could make your life extremely difficult if they cause an accident at work. You may have to take time off work to recuperate and lose your wage as a result. This can be a daunting prospect when you think about how you are going to cope in the future, especially if you have just had an accident before the UK went into lock down.

But worry not! Gowing Law Solicitors is here to help you get the compensation that you need to sustain yourself, your family and your livelihood. No matter how big or small your injury is, if your employer has neglected to protect you, as their employee, then their negligence could warrant you asking for compensation. It is their duty to create a safe work environment and they have failed. This is where we will come in. You probably have a ton of questions about accident at work claims. Well, Gowing Law’s operations director, Elaine is here to answer them. Let us know if you have any additional questions. By sending them over to info@gowinglaw.co.uk.

What sort of safety policies does your work have in place?

You may be wondering whether or not it is safe to go back to work. According to the BBC:

“Employees who can work from home are advised by the government to continue to do so.”

This means that if you have proven that you can work efficiently from home then you should continue to do this. Employment law states that workers do have the right to work away from their job if they need to protect themselves when it comes to “serious and imminent” danger. However, if you choose to do this then it is important that you do not expect to be paid.

Here at Gowing Law, we understand that this may make you feel nervous about returning to work. Contagion rates are high and you need to feel safe in your workplace. Your employer has a duty of care for you and your employees. Therefore, you should see some social distancing measures placed into the office. This could include:

One-way walking systems
Hand sanitizer spots
PPE (Personal Protective Equipment)
Staggered working shifts
Smaller work group contact
Virtual meetings
Walkie-talkie communications
Socially distanced cubicles/screens

When you go back to the office, make sure to keep an eye out for these changes. If they have not been made then you have every right to complain about them. Your employer should be valuing your safety so that you can be a productive member of your work force. Bring up your complaints to them in either a meeting, an email or through a form of grievance letter. That way you can prove that you spotted the hazards before they caused an accident.

What are your questions about accident at work claims?

If you are going back to work, you may have a number of questions on your mind just in case worst comes to worst. It’s understandable; you want to protect your family and know your employee rights before you step foot in any sort of public building.

That is why Gowing Law has interviewed our operations director, Elaine, to answer some of the most common questions made about accident at work claims. That way if you do have an accident, or maybe already had an accident at work before the lock down began, you will know exactly what to do. We hope our interview videos answer any additional questions you may have about work accidents:

1. What sort of accident at work claims are there?

There are a wide variety of accidents you could have at work. Some examples of the most common include:

Failure to provide manual handling training so an employee gets injured lifting a heavy object or moving a trolley
Broken equipment
Slips & Trips
Falling objects
Repetitive strain injuries

2. How can I be sure I have an accident at work claim?

If you want to establish an accident at work claim, you need to prove that your employer has been negligent in the workplace. This means that they need to prove that:

The employer has breached their duty of care for their employees
The injuries were caused due to the breach of care

If both of these criteria are fulfilled then it is likely that the employee can ask for compensation. Most firms will deal with injuries from at least a two-week period within three years.

3. How bad does my injury need to be to make a claim?

If negligence is proven then you could be eligible to make a claim regardless of how bad your injury is. However, for your legal representation to recover costs, the injury should havekept you off work for at least two weeks. That’s why you should consider carefully about whether or not it is worth going for compensation as you may need to put in costs that you could not recover from the claim.

4. How do I make a work accident claim?

To make a work accident claim, here are the steps you need to consider:

The claim will be submitted to the employer, or your employer will be identified by their insurer, and you will need to set out the basis of why your employer is at fault for your accident and why they have breached their duty of care.
Your employer will then have a period of time to admit they were at fault.
If your employer admits they are at fault then you will need to get medical evidence and a schedule of all of your financial losses will be made to present to your employer and their insurer. A settlement figure can then be reached or decided by a judge.
If your employer refuses to admit they were at fault, you will still need to collect evidence and decide whether or not you have a case. If they still deny liability after seeing the evidence, court proceedings will be issued.

5. Do I need evidence to prove I was hurt?

You will need evidence to prove that you were hurt and that you have a claim. It is used to prove who is at fault and to show the effects of your injury on your life. You should try and claim medical records from your GP or hospital depending on the severity of your injury.

6. What do I do if no one saw my accident?

Do not worry if no one witnessed your accident. This is pretty common. Instead, consider alternative ways to prove that your accident at work occurred such as:

CCTV and video recordings
Photographic evidence
Walk-in-centres and hospital records

Collecting this evidence is vital if you want a strong compensation claim to prove your employer was at fault for your injury.

7. How much money can I get from a pay out?

Compensation from work accident injuries depend on your case. Some may pay out as little as £1,000, others may go up to seven-figure sum if you have had a life-changing injury. Your solicitor will treat your case on an individual basis. The estimated pay-out will depend on how much evidence you provide your lawyer and what they believe your case is worth. This is why evidence is so crucial to any case. That way a solicitor can see what losses you have made due to your injury.

8. Can I claim for more than just my injuries?

Compensation claims can be split into two elements:

General damages: An injury that can be compensated.
Special damages: These are financial losses that need to be supported by documentation (i.e. receipts or medical records) You can also claim for past, present or future loss of earnings.

Both of these elements are put together in order to put the claimant back in their original position before they were involved in an accident.

9. Can my employer sack me if I make a compensation claim?

No, you cannot be dismissed by an employer if you seek compensation. There is legislation in place to protect employees from unfair dismissal. However, if this has happened to you then you would need to get help from an employment solicitor.

10. Can a solicitor help me with my case?

A solicitor can help you understand your claim and how you can pursue it. They have expert knowledge that can help you understand what documentation would be useful for your case. Trained lawyers know how to use evidence to enhance a case and how to create a good defense. They can also establish what amount of compensation you could be entitled to. You may be entitled to more than you realize, but not receive it because you were not informed of the amount. This is why it is essential to have a strong law figure on your side.

Covid-19 & Work Accident Claims

Of course, Covid-19 has changed the face of the world as we know it. More and more work forces are going remote in order to stay afloat and others are making many changes to their on-site facilities to ensure that their employees are kept safe. The law world has had to change in order to cope with the pandemic. This is why the main question from most claimants will be “Does Covid-19 count as a work accident?”

That is an extremely complicated claim and will depend entirely on your situation. You will need to be able to prove that you definitely caught Covid-19 in your work area. After all, there are many other places you may have visited that could have increased your chances of catching this disease. Discuss this will your lawyer and make sure to detail all of the reasons why you believe it was your place of work. They will be able to advise you on whether or not you may have a claim. However, if you have been unfairly dismissed because of Covid-19, make sure to talk to an employment lawyer about this. They will be able to help you with making preparations to go to hold an employer tribunal.

Contact Gowing Law Solicitors today about your work accident compensation claim

Have you recently had an accident at work? We understand that these sort of injuries can be extremely traumatic. That’s why Gowing Law Solicitors is here to help you! Our trained lawyers can offer you free advice and helpful consultations. If you decide to work with us, our solicitors work on a “no win, no fee” basis. That means that you will not need to pay any fees if we do not win your case. Therefore you have nothing to lose. You will always come out on top!

If you want to talk to a trained solicitor from Gowing Law, please call 0800 041 8350 now. You can also email info@gowinglaw.co.uk or visit our contact page to use our direct messaging feature. We will get back in contact with you as quickly as possible.

Want to learn more about work accident compensation claims?

We are proud that we have kept our blog updated with the latest information about work accidents. This includes:

If you want to learn more about accident at work compensation claims before you speak to our solicitors, take a look at the links above. These articles contain useful information that can prepare you for your case. You can also scroll through our blog to see more information about PPI tax reclaims, mis-sold mortgages, mis-sold pensions, traffic accidents and much, more more!

We are happy to take requests for blog topics, so feel free to email us at info@gowinglaw.co.uk. You can also email us to let us know whether or not you want to be signed up to our weekly newsletter.

Gowing Law wishes you the best of luck with your accident at work compensation case!

Creating a safe work environment during Covid-19

Posted on June 26, 2020 by Hannah Fletcher - Blog, Covid-19, Uncategorised, Work Place Accidents

Creating a safe work environment can be quite difficult during the Covid-19 pandemic. The UK has been in lockdown for over 14 weeks now. Many of us have been asked to work remotely, some have been furloughed and others have been unfairly dismissed. That’s why it can be quite unnerving when your employer finally asks you to return to your work place. You have not been in contact with many people since the start of lockdown, so how will you now be able to handle creating a social bubble with your work colleagues? Worse still, what if you become ill with Covid-19? It is important to think these things through before you step out into the public work sphere again. That way you can avoid having work accidents in the future.

It is your employer’s responsibility towards you and your fellow colleagues to provide you with a safe work environment. That is their duty of care. If this is breached and you get hurt, or fall ill, then they could owe you compensation. This blog will dive into work accidents and what it means to have a safe work environment during this pandemic. That way you will know how to protect yourself, even if your work does not put in the appropriate procedures to help you.

What is a work accident?

Now, you may be wondering why this is the first thing that we would bring up in this blog. Well, it’s a lot more important than you may originally believe. If you have been brought into an unsafe environment, it’s crucial that you know what would count as a work accident due to your employer’s negligence. Should you be at fault for the incident, that means that you won’t be able to claim compensation.

It does not matter what the accident was, after all different work environments offer different hazards. A construction site is different to a retail store. However, a manager/employer still has a duty of responsibility towards those who are in their employment. When you go back to the office make sure to have a look at what changes have been made to the environment, if no safety regulations have been implemented then you have the right to complain. This can show that you tried to alert management to the danger but were ignored.

Can’t I keep working from home?

This is one of the safest options right now. According to government advice, if you can work remotely then you should be doing that. This could be through a VPN connection, a work laptop or even through face-to-face video calls. If you can prove that you can work at home then you should be doing it. That way you can lower the spread of Covid-19 and still continue to be a productive member of your work team.

If your employers are insisting that you should go back to your work environment, they should give you at least two days to prepare. This should give you enough time to write to them if you want to complain about this action. Make sure to state the reasons why you do not yet think it is safe to return to the workplace. A good employer should be willing to offer you a compromise to ensure your safety.

How do I keep safe in my work environment?

Now, for the legal community, Covid-19 is an opportunity to modernise our practices to create more flexible environments for lawyers. However, the same might not be said about your own work place. Some employers are taking the changes seriously, whilst others may be acting a little too lax. Take a look at the examples below to see how your employer should be creating a safe work space for you to feel secure whilst doing your job.

The main aim for any business right now is to lower the rate of Covid-19 transmission. This is through avoiding contact, shielding around work spaces, and staggering shifts. When you return to the office, your manager must have a safety regime put in place to ensure the health of any worker on the premises. For instance, if you work in retail, you may have a one way system for customers and workers or you may have to talk through walkie-talkies to avoid face-to-face contact. If you do not have this meeting, then you can ask your manager to email you a list of the latest safety updates. Should there be no new safety regulations for your work place, this could give you a reason to complain, or potentially ask to work remotely.

What should I do if I have a work accident?

As you can see from the video, it is possible to claim for more than just physical injuries. If you have suffered mental trauma, financial losses or any sort of damages whilst at work, you could be owed compensation. This could be the same for catching Covid-19. However, the main difficulty you have is proving that you caught it whilst at your work place.

Basically, you have to show that the unsanitary conditions led to you getting sick. Clearly, this is going to be a complicated case that many people will try to claim for in the future. Therefore, if you want to do this then it is recommended that you speak to your solicitor first. Remember, this is practically a brand new type of case. You will need to approach it carefully, especially if you wish to claim compensation.

With that said, the first thing you need to do is document your injury. Inform your managers of your accident and ask them to write it down in their accident book.

You may also want to consider collecting evidence that can be used when your case goes to trial. This could include :

Photographs
Videos/CCTV
Diary Entries
Letters of Grievance
Medical Documentation
Witness Statements

Take a look at our interview with Elaine, our operations direction, for more information about evidence:

An Employer’s Duty of Protection

If you have been hurt due to negligence in the work place, it is important that you show that it was your employer’s fault. Your employer owes you a duty of care. That means that you should feel safe in your work environment. If you do not feel safe then you need to ask for changes to be made in order to help you return to work.

Should you not have a safe work environment, and have suffered an accident whilst working, this means your employer was negligent, in other words it was their fault. Keep an eye out for the following in your workplace:

A lack of social distancing measures
Slippery hazards that are not marked
Faulty electronics
Tripping hazards
Aggressive co-workers/customers

A work place being messy is a hazard in itself, however if you have addressed these issues before with no changes being made, this means that any accidents that happen are the fault of your employers. They have breached their duty of care and you now have the right to claim compensation.

Will Covid-19 cause any problems for my claim?

In order to make work environments safe, different work places are going to face new and different challenges. This includes maintaining social distancing and changing the office environment to keep employees safe. In some cases, it is going to be safer for employees to continue working at home. However, if a business does want its employees back in the workplace, it is going to have to make changes to cope with government legislation.

In terms of your own work accident claim, you may find that the amount of time needed to process your complaint takes longer than expected. Usually, the amount of time depends on the type of work accident case you have. The more complicated the scenario, the more likely it is that it will take longer to process. However, Covid-19 has caused a backlog of cases for the court system. That means you may have to wait longer for your work accident compensation claim to go to court. Be patient and work with your solicitor as you wait. You may even have to go to court virtually in order to abide by social distancing laws.

Speak to your manager about your unsafe work environment

It’s completely natural that you may be feeling a little scared about going back to work. After all, we have all been socially isolating for over 14 weeks now. Going back into a small social bubble of colleagues is a daunting prospect. You do not know if they already had Covid-19 or perhaps are still susceptible to it. There are a lot of risks associated with going back to work and you may not be willing to take them.

If you are worried about your own personal situation, you need to tell your manager or employers as soon as possible. A good manager will understand your worries and will try their best to help you continue your work in a safe environment. They may even ask you to continue to work remotely from your home. As long as you can continue with your normal commitments to your business, there should be no reason why your employer cannot be flexible with you and your work environment.

Can a solicitor help me if I have had a work accident?

Yes! A solicitor can help you with your claim. Making a work accident claim can come with a lot of pitfalls that may invalidate your claim. For instance, were you partially responsible for the event? If your company can prove that, and you don’t list all the facts then this could invalidate your claim.

A solicitor can put your injury in perspective and let you know how much you are actually due for compensation. They can take account of your losses, the severity of your injuries and your SSP to tally an estimate for your pay out. They can also help your organize your evidence, talk you through compensation procedures and also represent you in court. That way If you are socially isolating or worried about going to court, they can go in your place.

A lawyer is truly a worthwhile investment as they can help you get the compensation you deserve for your injury. That’s why you need to find an experienced law firm in Manchester as quickly as possible.

Gowing Law Solicitors can help you with your work accident compensation claim

If you are worried about getting hurt in an unsafe work environment, Gowing Law Solicitors is here to support you. We can work with you remotely and communicate with you through virtual means, such as video calling. Our experienced solicitors can offer you free advice and consultations to talk about your potential claim. If you decide to work with us, we work on a “no win, no fee” basis. That means if we do not win your case then you will not need to pay any fees. So, as you can see, there is no risk to working with our trained lawyers. We are here to get you the justice that you deserve.

Contact Gowing Law Solicitors now by calling 0800 041 8350, emailing info@gowinglaw.co.uk or by using our direct messaging system on our contact page. We are available 24/7 to take your call. Let us know how we can help you.

The importance of solicitors during Covid-19

Posted on June 26, 2020 by Hannah Fletcher - Blog, Covid-19, Uncategorised, Wills, Work Place Accidents

Solicitors have always been figures of justice when it comes to UK law. Although we usually talk about specific legal claims on our blog, we thought it was important to take a moment to reflect on the difficulties encountered in the present due to Covid-19. The Corona Virus has changed the face of society completely and humanity has had to adapt in order to get through it safely. Unless you are Samuel Pepys and are lucky enough to have an isolated tower to observe the effects of the disease from a safe distance, you most likely have been forced to take precautions in order to continue living a normal life. That’s why it is essential for the UK public to know that the justice system is still here to protect you.

Not only have a number of courts re-opened but solicitors have been working hard remotely to help their clients through this difficult time. Although many different public facilities have opened up, you may still be feeling too nervous to use them. Perhaps this is due to fear of crowding or maybe to protect someone vulnerable in your household. This is why Gowing Law has tried to help as many people as possible through remote communication. We want to help you with your cases as much as you want compensation. Not even Covid-19 can get in the way of our values.

The figure of the lawyer is even more important during this difficult time. They can keep you updated about any changes made to the legal system and help you focus on the things that really matter, like your family, friends and personal health.

The Test of Covid-19 on Solicitors

As the UK lockdown eases, you may start to see more and more businesses re-open their doors. However, this should not mean that we can forget about all of the changes that Covid-19 has brought to our society as a whole.

In terms of legal matters, Covid-19 has caused a backlog of cases that need to be seen to when the court system re-opens. That’s why if you have a compensation claim, it’s more essential than ever that you contact a lawyer to start to discuss your plans to take it to court. You may have 2-3 years to make a claim, but the longer you wait, the more likely that it’s going to take even longer to get an outcome for your case.

Covid-19 has forced all professional lawyers to become even more flexible with their communications and legal expectations. According to the lawyer monthly:

“Every sector has managed to find a way to keep the cogs turning more remotely, without unnecessary face-to-face contact. Even the legal sector, famously known for sticking to its traditional guns, has welcomed the use of video conferencing for important court cases, with lawyers at home still working to keep their clients happy during this uncertain time.”

This difficult time period has proven that legal work can still be completed even if contact is not allowed. Lawyers will still fight to win justice for the clients no matter the circumstances, especially for a lawyer that works for Gowing Law Solicitors.

Legal Changes & Different Employment Sectors

No matter what sort of sector you work in, you have probably experienced some changes in order to protect you and your colleagues. This may have included being furloughed, being asked to work remotely or perhaps even having staggered shifts. It’s important that you know your safety rights as an employee. Your employer owes you a duty of care. That means that if you think you can complete your duties remotely, and do not think it is safe yet to go back to the office, then you have the right to speak up about this.

If you do need to go back to the office, or to any sort of work environment, make sure to keep an eye on these factors. That way, if they do cause a work accident, or you catch Covid-19, you can have the evidence behind you to prove that it was not your fault and that you are owed compensation. Here are some example of what your work space should be doing if they are taking their employee’s health and safety seriously:

Unfair dismissal
Suffered from a work accident
Caught Covid-19 due to unsanitary conditions

What can a lawyer do?

Right now, work issues are some of the biggest legal issues due to Covid-19. Not only have people suffered from unsanitary conditions in the workplace that have spread Covid-19, they may have been unfairly fired or perhaps forced to go to work despite their fears of catching the disease.

Lawyers are here to protect your rights in time of crisis. Your employer has a duty of care towards you and your fellow employees. That means they need to look at a situation and do the best thing for their workers. This may mean furloughing you or asking you to work from home. However, if they have already been negligent and you have got hurt, i.e. from a work accident or getting ill, there is a chance that you could either claim work accident compensation or go to an employer tribunal. Check out our video below to explain how you can claim work accident compensation for your employer’s negligence:

The Importance of writing a will

One of the biggest legal matters that Covid-19 has brought to the surface is the importance of will-writing. Although it may seem like a morbid topic, it is something that all of us need to consider as we get older. Covid-19 has killed over 43,000 people in the UK, therefore we need to consider what will happen to our families if we do get sick. All of us are living with loved ones that we want to protect, especially those who have been classified as vulnerable. We need to think of the future and make sure our wishes are adhered to, even if we are not around in the future.

Covid-19 has obviously presented lawyers with some difficulties when it comes to will writing. In particular, this includes the use of witnesses signing a legal document. In order to help our clients, Gowing Law Solicitors encourages social distancing measures to be followed whilst a will is being constructed. This may include:

Signing the will on the hood of a car.
Signing a will in different rooms and alternative pens.
Socially distanced discussions of the will.
Sending the will through the post.
Discussing the will through virtual communication (i.e. video calls).
Working remotely to ensure social distancing is adhered to.

How long will it take to write a will?

We understand that you may want to complete your will as quickly as possible. That way you can ensure the protection of your family even under lockdown. This is why it is so important for solicitors to be flexible during the pandemic. Although it may mean that the production of a will is delayed slightly, we will try to complete the will in a reasonable amount of time. However, this will depend on the complexity of the will, including:

What possessions you want to give away.
If there are any tax or financial issues with your assets.
Who will be the executor of the will.
Whether you have any assets that are abroad.
Whether or not you want to exclude people from the will.

You will need to be available for calls with your potential solicitors. They can talk to you over the phone or through a video call to discuss your assets. You can also scan and send over important documents to them through email or fax. Your lawyer can then create drafts of the will to send back to you until you are happy with the final result. You can then socially distance with 2 witnesses to sign the will. That way the will can be validated and hold up in court.

The future of the court system: What can we expect?

The future of the world is complicated. Solicitors are going to continue to be important, however the back log of court cases is going to come with its own set of problems. One of the main thing that we can expect are delayed lawsuits. We are going to be facing new challenges, especially when it comes to suing for Covid-19 related damages or work accidents.

As the Government changes the law to suit the R-level of the UK, solicitors are going to need to keep an eye on the news to see if any new legislation has been brought into play. Things are going to move fast and it is most likely that lawsuits are going to follow at a similar speed. That’s why lawyers will need to keep an eye out for emergency legislation and remain adaptable to make sure that clients can still obtain justice if they want to claim compensation.

According to Plaintiff’s attorney Elizabeth Cabraser:

“Mistakes are going to be made. This is an emergency. It’s unprecedented. Nobody really prepared for it.”

This is why solicitors will need to be flexible but realistic. That way they can advise their clients on the best way forward to help them with their claim. Things may be delayed for the near future but that does not mean that they are going to stop altogether.

What have we learned from Covid-19?

Although we all may be working remotely, that does not mean that the world has completely stopped turning. Technology is essential for keeping updated with different cases and for helping people. We need to recognize that being away from the office does not stifle our ability to continue on with our jobs. Instead, we have been shown that we can work remotely and still help get justice for other people. The world may be changing but the point of law is that we are able to change with it. Covid-19 has shown our vulnerabilities but we have been able to adapt and overcome. This may change the face of law as we know it, but perhaps for the better!

Do you need legal help?

Here at Gowing Law, if you have been involved in an accident that was not your fault, our trained solicitors are here to help you with your case. We can work remotely to ensure that social distancing measures are completely followed. This includes offering support through free advice and consultations over the phone, video calls or any sort communication device. If you do decide to work with us, we work on a “no win, no fee” basis. This means that there is no risk to trying to claim compensation. If we do not win your case, this means there will be no fees. Therefore you will always come out on top!

Contact us today by calling 0800 041 8350, email info@gowinglaw.co.uk or use our direct messaging system on our contact page.

Want to learn more about the UK law?

Throughout the pandemic, Gowing Law has kept our blog updated with the latest articles about UK law and Covid-19. That way you can always know how you can claim compensation. Our articles provide information on different UK laws and legal news. Make sure to look through our blog to see if there are any additional articles you may like.

We also have a weekly newsletter and are happy to take suggestions for blog titles. Feel free to email info@gowinglaw.co.uk if you want more information.

Gowing Law looks forward to hearing from you soon. Good luck with your future compensation case!

The top 5 questions asked about work accident claims

Posted on June 25, 2020 by Hannah Fletcher - Accidents in Public, Blog, Work Place Accidents

Work accident claims can be complicated. The main aim of any claim is to prove that you were not at fault for your injuries. Instead, you were the victim of your company’s negligence. For instance, you may have caught Covid-19 due to an unsafe environment, or perhaps were injured due to a task that was out of your skill set. Recovering from any work accident injury can be traumatic. Not only do you have to deal with the physical recovery but you may have financial losses due to not being able to go back to work.

This is why you should considering pursuing a work accident claim. UK businesses are legally required to have employer’s liability insurance to support any workers who may have experienced an accident on their premises. You will not be negatively impacting your company if you make a work claim. It is your right to receive compensation for your injuries.

Below, you will find some of the most common questions asked about work accident compensation claims, answered by our operations director Elaine. Read on to prepare yourself for your work accident claims case when you meet with you Gowing Law Solicitor.

1. What is an accident at work claim?

As Elaine explains above there are many different types of accident at work claims. It does not matter how big your work claim is, if you have had an accident on company grounds that was not your fault, you could be owed compensation. This is because your employer did not take the necessary precautions to ensure your safety. Examples of this include:

Unmarked hazards in the work environment
Messy/ dangerous work environments
Not taking necessary precautions to prevent spread of illness
Asking employees to complete unsuitable tasks
Repetitive work tasks

Take a look at our example below to get an idea of how this could work:

As the spill was clearly not marked, and Tony had been requested to do a task that was outside of his normal work duties and that he was not trained to do, his injuries were clearly not his fault. This means that he could ask for compensation whilst he recovers. As he was not able to type as well as he could without the injury, he has suffered damages that impeded his ability to work. This means that he could be owed compensation for his work accident damages.

2. How bad do my injuries need to be to get compensation?

The severity of your injuries will change how much compensation you receive. However, if you have been injured in the workplace, and it is due to your employer’s negligence, you can be due compensation. This could be in the thousands if it is a substantial injury, for instance, you were badly hurt in a construction site handling machinery, or it could be less. Make sure to talk to your solicitor to get a rough estimate. Every injury claim is different. For instance, some people may be remote workers whilst others may be in an office and some may work in a public space. The different hazards in each work environment will change the claim. That’s why it is crucial to have an experienced lawyer on your side to make sure you know exactly what you want to claim for.

3. What should I do if no one saw my accident?

This question is more common than you might think. As the UK is currently implementing social distancing measures to ensure work shifts are staggered, you may find that your work safety policy means you need to work on your own. This means that there is a higher chance that if you have an accident it may go un-witnessed.

You don’t need to have witnesses to prove that you had a work accident. You just need to make sure that you have the right evidence to show that the accident happened in the first place. This may include CCTV footage, proof of the hazard through pictures and videos, and a doctor’s assessment of your injuries. Make sure to get your employer to note your injury in their work accident book and to give you a copy. Elaine explains more about evidence for work accident claims below:

4. Can my employer fire me if I make a work accident claim?

One of the most important things that you need to remember about any sort of accident compensation claim is that your employer was the one at fault. That means they cannot outright fire you for asking for compensation for their negligence. Yes, if you were the one messing around and causing problems that lead to your accident then they can fire you. But if the accident was genuinely not your fault then they will not be able to dismiss you.

If we look at an example, a lot of people are worried that they will be unfairly dismissed due to Covid-19. Some companies simply will not put in the safety measures that have been recommended by the government. So, if they catch Covid-19 from the work place, what will happen if they are let go by their employer? This was through no fault of their own, yet they are still being punished for it. If this happens to you then you could have an employer tribunal on your hands. This can get you compensation, so make sure you understand all of your employee rights.

It’s important as well to know that you do not have to tell anyone about your accident. Only your employer and you yourself need to know about it. That way if you are worried about people treating you differently in the workplace, this can be avoided altogether.

5. Can a work accident claims solicitor help me with my case?

Hiring an accident at work solicitor can really help you increase the chances of having a successful compensation claim. Accidents work differently for different claimants. They can be extremely complicated, especially if you were partially responsible for the accident. The complexity of your case depends on whether or not your company will fight against paying you compensation. That’s why it can be very useful to have an experienced lawyer on your side. They can help you file all of your evidence and keep your case on track over the next few months. Some cases take longer than others, though you should expect an update from your solicitor about the case every couple of weeks.

Solicitors can help you avoid common pitfalls that may mean that you lose out on claiming compensation. You would be surprised to see how many people invalidate their claim due to incorrect paperwork. A trained lawyer can talk you through your incident and your evidence, and estimate what sort of compensation pay out you could claim for. If your employer decides to make things difficult for your claim, they can also help you make sure that you can overcome any problems you experience.

Make sure to ask your solicitor if you have any questions. They would be more than happy to help you.

What should you do if you have an accident at your work place?

The first thing you need to consider is your own health. Whilst it is important to collect evidence and make sure you can prove your case in court, you need to make sure that you get the medical attention that you need. If there are no employees trained in first aid, go to the hospital to seek help.

If you do not think your wounds need a doctor to check them over, you will want to do the following:

Inform your employer of the accident
Request that the accident is noted in the accident work book and that you get a copy
Take pictures or videos of the area of your accident
Collect witness statements
Write a diary that will document important facts of the incident
Write a letter of complaint to your employer

The more evidence you have to back up your claim the better. That way it will not turn into a case of “he said, she said.” Instead, you will know that you can prove that you were not the one at fault when it came to your accident. Liability must fall on the employer; that way they have a duty of care towards you as one of their employees. They must pay compensation to ensure that you can recover, this may also include statutory sick pay (SSP).

Gowing Law Solicitors can help you with your compensation claim

If you are looking for the help of a specialist accidents at work solicitor to help you with your claim, Gowing Law Solicitors is here for you. We can provide our expert knowledge to assist you with your case. Due to Covid-19, we understand that you may be working remotely, therefore we can work around your schedule and help you work from home.

Our lawyers can offer you free consultations and advice to move you forward with your case. If you do decide to work with us, we work on a “no win-no fee” basis. That means there is no risk in simply trying to claim compensation. If you do not win your case, there will be no fees. That means you will always come out on top.

Get in touch with us today by calling 0800 041 8350, emailing info@gowinglaw.co.uk or by directly messaging us via our contact page.

Want to read more?

Gowing Law endeavours to keep its blog updated with the latest articles on UK law every week. That way if you have a compensation case coming up, or you want to know information about a certain topic, you can simply scroll through our blog and see what topics are relevant to you. This includes information about PPI taxes and mis-sold mortgages. We also talk about the latest Covid-19 legal updates, such as retail safety and writing a will during lockdown.

We also have a weekly newsletter and are accepting requests for blog topics. Feel free to email info@gowinglaw.co.uk if you are interested in signing up or want to suggest a blog. We would be happy to write about it.

We look forward to hearing from you soon. Good luck with your compensation claim!

The top 10 things you need to do if you have had an accident at work

Posted on June 24, 2020 by Hannah Fletcher - Blog, Employment, Work Place Accidents

Having an accident at work is more common than you think. According to the Labour Force Survey, over 28.2 million working days were lost during 2018/2019 due to work-place accidents and illness. Right now, most people are still working remotely in order to lower the spread of Covid-19. But before the UK’s lockdown, you may have unluckily got sick before safety measures were put into your work environment or you may have hurt yourself and been put on sick pay. You now may be considering to follow up with some form of work accident compensation.

If you have been put into this position, the most important thing you need to consider is your evidence. This can prove whether or not your work place has breached their duty of care towards you, as an employee. Whether you have had a minor injury or a major break, it’s important to get the care you need in order to help you recover. This includes getting compensation from your place of work in order to help you solve any financial issues ahead.

So, what should you do if you have been involved in a work accident? Whether you work in a retail store or at an office, our blog below will guide you through what you need to do. That way you can get the most amount of evidence to have a successful compensation case.

What counts as an accident at work?

Source: HSE Gov

As you can see from the graph above, some of the most common accidents in the workplace are some of the simplest to avoid. However, if your work place is messy and is covered in hazards, it is easy to have a fall or hurt yourself. You also need to remember that the type of hazards you encounter depend on what sort of environment you work in. For instance, a construction worker is not going to have the same hazards as an office worker. An office worker may be a victim of repetitive strain injuries, whilst a construction worker could be injured by malfunctioning equipment.

Take a look around your place of work. Your businesses’ hazards may include:

Broken equipment
Untrained colleagues/employees
Messy environment
Tripping hazards
Faulty electronics
Spillages
Repetitive tasks
Lack of movement
Ill colleagues/managers
Violent customers

Once you have taken note of the hazards in the workplace, if you think that there are any that need to be fixed as quickly as possible then you need to go to your manager. That way if there are any future accidents, or you yourself are involved in one, you have evidence that you noticed a hazard and asked for it to be fixed, only for it to be ignored. It proves that your employer was negligent. This is the key to getting a successful work accident compensation claim.

What should you do if you have suffered from an accident at work?

So, now that you have analysed what hazards are in the workplace, you may be feeling a little worried that you may suffer from a work incident in the future. Worse still, you may have already suffered from a work accident but just feel generally unsure about what you need to do. Well, do not panic! Here is what you need to do if you have hurt yourself at work.

1. Focus on your injuries

The most important thing is to focus on yourself. You need to figure out how badly you have been hurt and whether or not you need to receive medical attention. In some cases there may be a first-aid specialist on site to help you, however if your injuries are severe then you will have to go to the hospital to receive medical attention.

Your injuries should be logged into your work’s accident book so that they can be recorded. You have the right to receive a copy of this injury report. It’s important to receive this report because if your injury is worse than it appears then have evidence that it happened in the workplace.

If you do have to go to hospital, or later on need to go to the doctor’s for a check-up, make sure to get a medical report to prove that your injuries have caused you harm. You should also keep any receipts from medication that you have been forced to pay for in order to help you recover.

2. Photographs and Videos

Evidence is vital you want to have a successful accident at work compensation case. This is the same for any sort of accident, including traffic accidents and accidents in public places. Just in case your employer tries to cover up your accident, save and back up any photographs or videos you take of the scene, the hazard and your injuries. You can never have too much evidence! Make sure your photos or videos have a date on them to ensure that they can be proved to be taken from the day of the accident. That way if your employer does try to cover up your accident, you can prove what actually happened.

3. Ask your colleagues for witness statements

No matter what sort of environment your accident took place in, if there were others around you who saw the accident, they can be used to provide evidence and an unbiased perspective on the events that took place. If you were hurt due to the negligence of your employer, ask your witnesses to write out a statement that documents the events that led to your accidents. They have nothing to gain by helping you, therefore their testimony can really help your case.

4. Ask your colleagues to keep an eye on your employer

If you have friends at your workplace, you may want to ask them to keep an eye on what your employer does after you have had your accident. Now, most good employers will try to fix the hazard so that other people will not be exposed to the risk. They will then be more than happy to sort your compensation from their employer’s liability insurance. However, in some cases the employer may just be trying to cover up the reasons behind the accident.

Make notes whenever your source tells you that a change has been made to office policy or the environment of your workplace. That way if your employer does try to fight against your claim, you can prove that they were the ones who were negligent. Having a trustworthy colleague can also be useful if your employer does try to unfairly dismiss you.

5. Keep an injury diary

No one can predict when an accident at work is going to happen. That’s why it’s imperative that you remember as much information about the incident as possible. Of course, in some cases if there has been head trauma, it may be impossible. However, you should try to write out a description of the event, how it took place and what injuries you suffered. You may also want to note important details about who witnessed the event or what your employer’s reaction was. Try to do this within the first few hours of your accident. That way it can remain fresh in your mind.

You should also keep adding to the diary so you can take notes about what happened in the aftermath of the accident, including how your case was being handled and what evidence you have been able to collect for compensation case.

6. Submit a grievance report or letter of complaint

If the accident came from the irresponsibility of your management then you have every right to complain about it. If you were not trained to undertake a certain act or were pressurized by senior figures in your company and got hurt, you need to make a stand to ensure the same thing does not happen to other people. Take a look at an example of an unfair accident below:

Like Larry, you may have been asked to do a job that was completely out of your range of skills. You may not have had the right skills to complete it, therefore were injured as a result. If you write a grievance letter then your employer must investigate it and fix any problems that could be found. That way, you are preventing future accidents and are also giving them a formal notification about your complaints.

7. Create an expenses & losses spreadsheet

Now, this is going to be important. When you have a compensation claims case, one of the most important things you need to do is prove that your injuries put you at a loss. For instance, you may have had:

Physical damages
Psychological trauma
Financial losses (i.e. wages)
Equipment damages
Rehabilitation costs
Medical costs

By creating a spreadsheet and keeping a record of the amount of money you have lost during recovery, you can prove in court that your company’s negligence negatively impacted your life. They have a duty of care towards you and have breached it. Now they must pay compensation.

8. Request a “Subject Access Request”

A subject access request is a formal request made to find out information about what your employer has said about you through any sort of communication devices. It can also show how:

Your employer has been using your information
Who they are sharing your information with
They collected information and data on you

These communications may contain valuable evidence that could back up your compensation case. Just make sure you file out the request before you put in a work accident compensation claim. That way your employer will have less reason to hold information back from you.

9. Organize all of your evidence

Now, this point may seem a little obvious, but if you have all of your evidence filed away then this will make it a lot easier when you eventually go to court for your compensation claim. It can also help your solicitor go through your evidence to make estimates on how long the case might last, how much compensation you are owed and whether or not you have a valid claim. Invest in a file, some dividers and a highlighter for marking out important evidence!

10. Ask for the help of a trained solicitor

Work accident compensation claims are complicated. You need to fill out a lot of paperwork and to try to avoid as many pitfalls as possible. An experienced accident at work claims solicitor can help you with this. You may be still recovering from your accident. Therefore you can let them do the hard work and even represent you in court if you cannot leave the hospital in time.

That way you can get the outcome that you deserve.

How do I make an accident at work claim?

Gowing Law Solicitors can help you with your accident at work claim

Here at Gowing Law Solicitors, our trained work accident specialists are here to support you through this difficult period. We understand that accidents can be traumatic experiences. Therefore, we intend to take the pressure off you and help you get the compensation that you deserve.

If you need any advice, we can offer free consultations and advice on your case. Should you want to work with us, our solicitors can help you on a “no win no fee basis”. That means even if you do not get the outcome you want, you will come out on top! You will not need to pay any fees and instead can walk away from the case. There is no risk for trying to get compensation.

Contact Gowing Law Solicitors today by calling 0800 041 8350, emailing info@gowinglaw.co.uk or by using our direct message system on our contact page.

Health & Safety in Retail: Avoiding Accidents

Posted on June 16, 2020 by Hannah Fletcher - Accidents in Public, Blog, Covid-19, Employment, Work Place Accidents

Health and safety in retail is a big issue right now. As of June 15th 2020, the UK government has now allowed for non-essential stores to re-open. Non-essential stores, including clothing and book shops, have been closed for over three months. This was to help lower the rate of infection of Covid-19. However, you may be feeling a little nervous about going out and about so soon. The corona virus is still a major health & safety risk with a lot of businesses having either moved online or to remote work to remain open. That’s why at this moment you may be thinking that it is just safer to shop online.

Boris Johnson has stated that we should ”shop with confidence”, but do you know precisely what you would do if you had an accident in a public place? If you work in retail, you may have no choice but to return to your store. That’s why, whether you are a customer or a consumer, it is essential that you know precisely what rules and regulations are in place to keep you safe. That way you can avoid accidents.

Read on to learn more about how you can protect yourself and the others around you from accidents in a retail store, and what you should do if you do suffer from an accident.

What is happening in the UK?

As you can see from the BBC’s latest update video, the UK has undergone a number of changes in the last 24 hours. Whilst this may not immediately get things back to the way they were, it can help workers in the retail industry have their livelihoods restored to them. Although essential stores have remained open, like food stores, pharmacies and banks, most non-essential stores have been shut since March.

Now, what’s important to take from this is that not only will stricter shopping measures be in place, but you will have a choice about whether or not you should return to your work environment. If you have proven that you can do your job from home without any problems, then it will be quite hard for an employer to outright say that you should go back to the office. However, if you can only do your work by being in a certain building, you will have to go in to do your work. Should you tell your employer that you are not going in because of fears of Covid-19, you will not be entitled to sick pay.

According to David D’Souza, from the Chartered Institute of Personnel and Development, he has listened to the complaints of people being forced to go back to work by their employer and believes that it is:

”Of huge concerns in terms of people’s physical and mental well being…Any return to work should only be done if these criteria are met: It’s necessary, it’s safe and it’s mutually agreed.”

It is up to you to decide how you feel about returning to work. If you are worried about catching Covid-19, you will need to discuss this with your employer. That way you can get an outcome that would suit your situation.

Safety in a retail: Covid-19 Edition

For both employees and consumers, new safety measures have been put in place in order to prevent the spread of Covid-19. So, if you are going out today, it’s important that you adhere to the following rules:

These rules have been put in place in order to help the public get used to shopping outside again. However, there is controversy about this move. The World Health Organization has warned against further lock down easing in England. According to Hans Kluge, the WHO’s European director, the UK is still in a “very active phase of the pandemic”. This means that there is still a chance that Covid-19 could be spread around through public contact.

If you do choose to go out to shop, make sure you do it with caution. There have been hundreds of people queuing already to visit large retailers like Primark, therefore take social distancing regulations seriously and try not to approach people within 2 m. You may also want to wear face-protection and have your own personal supply of hand gel.

Public Accidents in a Retail Store: Health and Safety

Despite all of the health and safety regulations that have been put into place, there is still a chance that both consumers and workers could be involved in an accident in the store. Yes, employers need to make sure that social distancing measures are put in place, but with all of this focus on Covid-19 safety regulations, it is more likely that smaller problems may be overlooked. There is still potential for one of the following accidents to take place in a store or retailer:

Slips and falls from unmarked puddles.
Trips over hazards/objects on the floor.
Poorly built shelves falling over.
Mannequins and display items falling down.
Bad Lighting.
Bad carpeting.
Violent customers

All of these accidents can help due to employer negligence. Each business has a duty of care towards their customers and employees to keep them safe. Therefore, to have an unsafe work environment, and to not keep it clean and tidy, is to breach that duty. You deserve to feel safe when you are shopping, therefore if you have had an accident in a public place, you could claim compensation for the fall. This is due to the fact that the retailer themselves has been negligent.

Who was to blame for the accident?

All retailers have to keep their employees and customers safe when they are on their premises. This is normally through risk assessments. This includes keeping the place clean and tidy and ensuring any spills or hazards are fixed before customers can fall victim to them. Employees must also ensure that all staff are trained to carry out their work safely. If these duties are not fulfilled then they could be liable for a compensation claim, especially if they do not enforce social distancing regulations.

Customers: What to do if you have suffered an accident in a public space?

It can be nerve-wracking building up the courage to go back out in public to go shopping. That’s why you don’t deserve to be hurt when you finally enter a store. If you do unfortunately get injured, you need to report it to a member of staff. This injury can then be written down in the store’s accident book. You should be given a copy of the injury statement.

If you do not have to go to hospital due to your injury, remember that you will need to collect as much evidence as possible. This could include:

Photographs
Videos
CCTV Evidence
Witness Statement
Diary Entry (made on the same day)
Police reports
Medical Statements

If you want to make a personal injury claim, you will need to make it within three years of the accident occurring. Make sure to seek help from a solicitor as these types of injury claims can get extremely complicated if you are looking for compensation on your own. A solicitor can explain how much compensation you could be owed, what pitfalls you need to avoid and how long it may take to get an outcome from your claim. Be patient with your solicitor and make sure to keep in contact with them about your claim.

Employees: Health & Safety in retail stores

Customers are not the only people who get injured in a store. As an employee, your employer owes you a duty of care, especially in regards to health & safety in retail environments. That means you should have received official training to help you cope with the latest social distancing laws and safety in general in the work space.

So, you have a responsibility towards customers to keep them safe. But you may be wondering, what should you do if you get hurt? An accident at work could put your livelihood at risk, as you may not be able to keep working and claim your wage. You can experience the same accidents as a normal customer, worse still you may be more at risk of Covid-19 if your store has not put in health and safety regulations to ensure the safety of their employees.

In order to keep safe in the work environment, remember to:

Your employee must be trying to implement social regulating laws, perhaps even communicating through walkie-talkies or phones instead or face-to-face contact. If there is no evidence of a risk assessment, you could be owed compensation for your work-place accident.

How much could I earn from an accident at work compensation claim?

Now, this depends on the type of accident you have had and how severe it is. If your retailer employer has not carried out sufficient health assessments or thought of the risks of returning employees to work, you could be owed thousands if you recently had a work accident, aka. a breach of health and safety in retail.

To use an example, perhaps you work in a clothes shop. They implemented a one-way system to help customers get around the store. However, you did not think of aggressive and messy customers. So you slipped on the clothing and fell over. If you broke your leg this may mean a higher pay out than if you pulled a muscle.

Talk to your trained solicitor about your injuries and how much you could be owed. The amount you receive will depend on your losses and injuries. Therefore, they will be able to give you a good estimate.

How to handle a breach of health & safety or a work accident?

The same way a customer must alert staff to an injury in a store, you must alert your employer or manager about your injury. They will record your injury the accident book. Make sure to ask for a copy! You must also find evidence of your accident that can prove that it was your employer that was liable for your accident. This could be through their lack of a risk assessment, a dangerous environment or perhaps a lack of training. Either way, keep calm and simply follow procedure to ensure that you can collect your evidence and alert your employer to your accident.

Gowing Law Solicitors can help you with your work accident claim!

The transition from complete lockdown to social-distanced work can be quite scary. You want to support your family, however what happens if bring something home nastier than intended. If you have been injured at work, or health & safety guidelines have been breached, Gowing Law Solicitors can help you get the compensation that you deserve.

We can work with you remotely and can offer you free advice or consultations to talk about your accidents. Our trained work accident specialists can then get to work on your case. If you are happy working with us, we work on a “no win-no fee” basis. That means that even if we do not get a positive outcome, you will still come out on top. Let our trained specialists help you get the best amount of compensation to allow you to recover from your injuries.

Contact us now by calling 0800 041 8350 or emailing info@gowinglaw.co.uk. You can also directly message us through our contact page.

Want to learn more?

Do you want to know more about Covid-19 and UK legislation? Our blog is has the latest legal stories and information. That way you will always know what to do if you are faced with a legal battle. That includes information about work safety and your worker’s rights.

If you have a blog topic that you want us to discuss, let us know by contacting info@gowinglaw.co.uk. We would be happy to write about it!

We look forward to hearing from you soon.

Covid-19 & Accidents at Work: What hazards do you need to look out for?

Posted on June 5, 2020 by Hannah Fletcher - Blog, Covid-19, Employment, Work Place Accidents

No one likes dealing with accidents at work. However, Covid-19 has changed the face of what it means to have a work accident in general.

On the 13th April 2020, the UK announced that it was going to begin easing down some of its lock down regulations. That meant workers who could not work from home could return to work. Currently, there have been over 280,000 cases of Covid-19 in the UK. That’s why there is currently so much debate about whether or not it truly is safe to return to the workplace. Some think it is far too soon, others believe that the first wave has passed, however it is entirely up to you about whether or not you think you can take the risk of working in a public environment.

Your business has a legal obligation to you (aka. a duty of care) to keep you safe. No matter what sort of business you work in, they must continue to uphold government hygiene regulations. You need to understand your rights, but more importantly you need to know how you can personally minimize the bio-hazards you may encounter on your way to and in the work place. If not, you have a higher chance of catching Covid-19 than someone who is currently working remotely.

Read on to learn how you can keep yourself safe. If you do end up getting ill because of your work place’s negligence, please contact Gowing Law Solicitors. We can help you make a claim for a work accident compensation or even represent you at an employer tribunal. All of this can be done remotely.

Remote Working

Honestly, one of the safest ways that you can avoid the virus is to work from home. If you have the chance to do this then take up this opportunity. It can truly help you avoid any accidents at work. Over 51% of the global population have internet, therefore if you think that a work environment is unsafe, it is your right to ask for changes or to work outside of it.

Not only will it protect you from the transmission of Covid-19 but you may find that it helps you create a more engaging work space that increases your productivity. For instance, if you are easily distracted by noise pollution in your work environment, your workspace at home can provide a peaceful place that you can retreat to.

Speak to your employer about continuing to work from home if you are suffering Covid-19 related anxiety. You may be a vulnerable person or simply don’t want to take the risk for the sake of your loved-ones, family and the people you live with. Any good employer will understand your worries and try to work with you to create a compromise where you can feel safe. This may mean that you work from home indefinitely or come into the office only a few times a week. You can also recommend that they look at the free remote safety courses that have been released by the government. They can help you manage stress and create an employee safety plan.

Keep in contact with your employer and stay inside as much as possible in a comfortable work environment. This will help you get the most out of working remotely.

Working Onsite: Lowering the Risk from accidents at work

If you have no choice but to go back to work, as you are an essential worker or perhaps your employer has put in safety regulations that include social distancing, you may be feeling scared about taking this risk. That’s why it’s essential to keep safe when you are:

Commuting to work.
Working in the office environment.
Using work office supplies.
Getting lunch/ using the kitchen.
Using the work bathroom.
Interacting with other employees/colleagues.
Commuting home.

You need to think about which areas in particular are going to be hot spots for germs. It is also wise to consider which of your colleagues may potentially be an asymptomatic spreader. Create a mental (or physical) plan that can remind you of how you can prevent the spread of Covid-19 and what biological hazards could harm you. This could be different depending on your work environment. For instance, construction workers may have different obstacles to office workers. Consider your environment carefully and what you can do to lower the rate of transmission.

Keeping safe on your commute to work

One of your biggest challenges is going to be actually getting to work. As the country has currently been in lock down for over 10 weeks, it is likely that many people have not been considering their commute. This includes using transport safely on the road, and claiming compensation if an accident happens. Naturally, to help with social distancing, some changes have needed to be made to the road, social transport and the amount of people who can go on transport at a time.

Private Transport

The first thing you need to consider, as you go on your commute to work, is what sort of vehicle you are going to use. If you are using a car then you do not need to worry about interacting with other people. However, you may want to avoid giving lifts or asking for rides from different people. If it is your car, make sure to keep sanitation products in the car with you. This includes hand gel, travel sized soap and napkins. You may also want to keep a mask in the car with you for you to wear when you leave the vehicle.

Remember, you will want to wash/ sterilize your hands before and after you touch the steering wheel. This will mean that you will not transfer germs to other environments. It will also help you avoid bio-specific accidents at works

Public Transport

Not all of us can be lucky enough to own our own cars. Instead, many commute to their place of work on either a bus or a train (i.e. The London Tube). According to Lloyds Banking Group, British workers actually spend around 492 days of their lives commuting to their work place. 33% of the people interviewed even said that the normal commute is usually crowded. In terms of catching the Corona Virus, this is where you can be most vulnerable.

A public commute can be a hazard in itself. You are mingling with a range of different people who come from all over your town, different cities or even from all over the country. Being in close proximity means that you have a higher chance of catching or spreading the virus. Remember to stick to social distancing rules if you can, or maybe ask if you can change up your working hours in order to avoid rush hour.

From the 15th of June, it will be mandatory to wear a mask on public transport. Make sure to combine this with hand gel when you get on and off your commute transport. That way you can avoid spreading germs you may have caught on the commute to work, especially as you are avoiding bringing germs into your work place.

Cycling

Recently, the UK government has advised that if people are going to commute to work, it should be through greener vehicles. This includes walking and cycling. If you are going to try and do this, one of the most important things you need to do is plot out your route. That way you will know precisely which the safest areas are to travel around your city. You can also time how long it will take you to get to work and back, as well as how you can avoid other people.

However, keep in mind you may need to think of the other dangers that the road could present, whether you are a bike or a motorcycle:

Judge the weather to ensure no accidents can happen due to slippery surfaces.
Watch out for other vehicles on the road, especially if there are aggressive drivers.
Watch out for unseen vehicles during busy commuting hours.
Wear appropriate cycling protective gear, like helmets, gloves and cycling shoes.
Make sure your bike has received full maintenance and can work (i.e. make sure its breaks are not broken or you have a flat tyre).
Oil your chains and keep them clean to ensure no problems happen whilst you are on the road.
Make sure there are no hazards on the road that cause you to fall from your bike

If you do end up in an accident due to a cycling accident, Gowing Law Solicitors can help you claim compensation if the accident was not your fault. You do not have to go through a RTA case alone. Instead, you can have the support of a trained solicitor.

In the Work Place

Unfortunately, the safety hazards do not stop when you arrive in the office. In fact, this is where social distancing may become more of a challenge. This is because you are going to spend most of your time trying to figure out ways of staying away from colleagues in your office. You can meet up with groups of up to 6 people as long as you keep your distance from them. However, if you do not want to risk this then you can tell your manager that you do not feel safe in your office. This could prevent accidents at work

If your workspace does not follow these regulations, and you do end up getting ill, then you have every reason to file an employer negligence complaint against them. After all, they have not taken the appropriate steps to ensure your safety. In fact, they have put you in harm’s way by asking you to come into an unsafe environment. That means accidents at work are practically imminent

The Three Categories of Hazards in the Work Place

Colleagues
Shared Work spaces, surfaces and equipment
Small work areas

Here is what you need to watch out for in relation to these different problems in the workspace.

Keep hygienic when you are in the office and remember to wash your hands whenever you touch a different surface or piece of equipment. You may also want to consider washing your hands if you are going to eat or drink anything. That way you can avoid picking up germs on your food or beverages. This may sound paranoid, but it is the best way to ensure that all social distancing practices can be maintained. That way you can avoid any type of accidents at work.

For more information on the best practices to avoid bio-hazards in the work office, check out the UK Government’s latest advice through their website. It contains different details on various work environments.

What to do if you get ill as a result of a hazardous work environment/accidents at work?

There is only so much you can do to protect yourself from Covid-19. If your work environment does not employ the latest sanitation advice from the government then it should not be open for business. They have breached their duty of care for you and your fellow employees, therefore you could potentially claim compensation from them, either as a personal injury or in an employment tribunal.

Just remember, if you have symptoms you will need to self-isolate for 14 days. The same will be true for anyone who lives with you.

Gowing Law Solicitors can represent you and get you compensation!

Getting Covid-19 at work could be classified as either employer negligence or an accident at work claim. You may feel a little worried about claiming compensation from your company. However, if you have the appropriate evidence to prove that their hazardous environment was the cause of your illness, you could be due compensation.

Before you leave your work space, make sure to take any notes or photographic evidence of any accidents at work. That way you can prove your company is not providing a safe environment. Working with a trained personal injury solicitor can help you figure out whether or not you could be owed anything. They work on a “no win, no fee” basis and also offer free advice and consultations. That way, you will always know what sort of claim you could make and what you could be entitled to.

Contact Gowing Law Solicitors now for more information about Covid-19 and your rights if you get ill. You need to be prepared for anything and we can help you remotely! Please call 0800 041 8350, email info@gowinglaw.co.uk or use our direct messaging system on our contact page.

We look forward to working with you soon to get you the compensation that you deserve. Just let us know the types of accidents at work you have experienced and we will help you.

Want to read more about work place hazards?

At Gowing Law, we are dedicated to bringing our customers the latest information about different law topics. This includes information about the rights of employees during Covid-19 and how to create a will if you are feeling anxious about the future. Keep updated about the latest laws by looking at our blogging page. We would also be happy to write about any topics you may suggest. So, feel free to let us know what you would be interested in by emailing info@gowinglaw.co.uk.

Can I get sacked if I make a work accident claim against my employer?

Posted on May 29, 2020 by Hannah Fletcher - Blog, Employment, Work Place Accidents

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!

Covid-19 & Construction Work Accidents: What are your legal rights?

Posted on May 27, 2020 by Hannah Fletcher - Blog, Covid-19, Uncategorised, Work Place Accidents

As the Covid-19 lockdown in the UK starts to lessen, if you are a construction worker you may find that you have been sent back to work earlier than you originally expected. This is because you are not one of the groups of workers that can literally work from home. However, this will mean that you are in one of the groups of workers that is put most at risk construction work accidents. Although the first wave of the Corona Virus may be lessening, it is going to be a difficult task to try and reintegrate into the work environment. That is why it is essential that your employer does their best to make the construction site as safe as possible.

Before you go back to work, it is important that you know your worker rights. That way if you are unfairly dismissed, are forced to work too close to other workers or, worse still, suffer construction work accidents, you know exactly what to do. Read on to learn about Covid-19 and your rights as a construction worker.

The Fear of Returning to Work

If your work has been deemed “essential”, aka. you are construction worker, you are probably packing up your work bag and getting ready for a day on your employer’s building site. Life cannot return to normal but you are going to try and make the best of a bad situation. However, the main question is, should you really be going back to work when the first wave of Covid-19 has not yet subsided?

According to the HSE,

“If you see something in a workplace that you think is breaking health and safety law and is likely to cause serious harm, you can report it”.

Whilst you may feel like this is whistle blowing, it is important to maintain social distancing and cleanliness on the worksite. Your employer owes you a duty of care. This means that they need to be kept updated on the latest government advice and protection equipment against Covid-19.

Already, many construction workers fear for their lives due to inadequate care from their employer and from the UK’s government. They have been sent back to work in order to try and restart their daily lives. However, most construction workers know that this comes with a cost to their safety

No one can prevent:

Crammed commuting conditions (e.g. The Tube)
Overpopulated business worksites
A lack of hygiene products in the work place (aka. hand sanitizer and soap)
Communal projects (aka. machine use in close proximity)

Some sites have thousands of people going in and out on a daily basis in order to conduct business. This cannot be stopped if site managers want to maintain a steady flow of customers. One architect, interviewed by the BBC even warned:

“Even though they have added hand sanitizer stations everywhere, people still have to use fingerprint scanners to gain access to the site when they go in or out which seemingly defeats the object of social distancing. Everyone is very worried.”

If you are worried about the conditions of your work environment, then you have a duty to your colleagues to speak up. In some case, you may even want to change your contract before serious construction work accidents happens.

Changes to your work environment

It is entirely up to your construction site’s employer whether or not they want to stay open or shut. It is a difficult time for all those involved in construction, namely due to the amount of delays that are happening with projects. The Government has requested that all of workplaces have a strict standard of hygiene to lessen the spread of the disease. However, it is important to remember that this must be balanced with time sensitive projects. A delay in a construction project could mean that you employer loses a contract or are forced to pay penalties for the delay. It could mean that they find it difficult to find business in the future. So, as you can see, your employer is currently stuck between a rock and a hard place.

However, your employer still has a duty towards you and any other people who work on your construction site. They should be employing the following regulations:

You deserve to feel safe when you are entering a work place. Every day, you should not have to suffer emotional damages as you worry about whether or not you will spread Covid-19 or, worse, bring it home to infect those that you care about. When you speak to your construction site manager about being in the workplace, you need to justify why your work site should be closed in the first place. This may not be as easy as you think.

A Worker’s Rights

No matter what your area of wok, you have the right to speak up should you feel threatened by your work environment. By speaking up, you can prevent construction work accidents from taking place. You have the right to receive information/training about preventative hazard measures. You can also have the right to review the records of work-related injuries that have happened on your construction site. So, if you notice that quite a few workers have fallen ill from Covid-19, it may be in your best interests.

It’s important that you speak to your manager to find out what preventative measures are being put in place. If you feel they are not up to scratch, you may want to ask for your union to get involved. They can act on your behalf and enforce more safety regulations to ensure that the virus does not spread around your construction site and work teams.

Covid-19: The Problems

Of course, the main problem for any employee is the human sacrifice needed to keep a construction site open. With people actively being in a worksite, this gives room for the virus to spread, therefore making it more likely that you, or your colleagues, may suffer from a workplace accident. Many building contractors seem to struggling to justify the closure of their construction sites due to:

It is up to the “principle contractor” to give their opinion on how the project will be able to carry on safely. They need to consider contractual liabilities that involve health and safety risks. You may also need to seek advice from the client and the client’s health and safety advisor.

The Work Place Contract

In some cases, if you feel like your life is currently at risk by working on your site, you can talk to your employers about a “Force Majeure.”

Under this clause, there is room to renegotiate the completion date of the project. The delay was due to circumstances out of the company’s control (in this case the UK lock down). Following government advice, the project was temporarily closed in order to protect the employees. If you still feel like this protection needs to be maintained, you can suggest that smaller teams enter the worksite in order to stagger shifts. It is important that the amount of work available is built up so that none of the team are put at risk.

Keep in mind that if you want to use this policy, it will provide time for the workforce to stay away from the construction site. However, it will not provide financial relief for you to continue the wages of your work force. These will need to be covered by the company.

Work Accidents & Risks

Naturally, with a smaller work force on your construction site, there is a higher chance that an accident may occur. This may include:

Worker injury
Employee illness (Covid-19)
Machine faults/breakdowns
Machine-Related Injuries

Although you may be working with a smaller team, it is important that you still keep up safe practices. You may need to speak to your employer if you find that they are forcing you to do more than what is expected of you, or what is safe to do so. Should you have an accident due to the negligence of your employer, you may find that they breached their code of practice. Therefore, you could have an employer liability claim on your hands.

Is this really the best time to be claiming compensation from construction work accidents?

Honestly, the worst thing that you can do is wait to collect compensation. If you have suffered from an injury on a construction site, then asking for compensation can help ease some of the burdens that come along with it. It is your legal right to be compensated if the injury was no fault of your own. Construction work accidents deserve to be compensated. It can also help you by:

Giving you the financial tools to pay for private healthcare and therapies. This should assist you in your recovery.
Providing lost income that you may have been forced to give up due to your injuries.
Helping you have time to recover and understand if it affected you psychologically or caused you any distress
Providing your loved ones with support and compensation

Worried about social distancing during your case? You can relax knowing that the claims process can be handled remotely by a trained accident at work solicitor. They can send all of your documents electronically and talk to you either through a video call or over the phone. That way you and your loved ones can remain protected whilst maintaining social distancing regulations.

Gowing Law Solicitors can help you get compensation for your accident at a construction site

Construction work accidents are not your fault. Gowing Law’s trained solicitors can help you get justice. You deserve compensation for your injuries. This is why our helpful team of experienced solicitors will get you the outcome you deserve. We offer free advice and consultations to get you started. If you choose to work with us, we work on a no win, no fee basis. That means you will always come out on top, even if you are not successful in your case.

Ready to claim your compensation? Fill out our personal information form on our accidents at work page, call 0800 041 8350 or email inf@gowinglaw.co.uk for more information. You can also use our direct messaging system on our contact page.

Do you like what you read?

Our talented law writers will always do their best to keep you updated with the latest law knowledge. We write about Covid-19 and different topics, including will-writing and employee rights. So make sure to keep updated with our latest posts. We would also be happy to accept any topic requests. Let us know what you would like to see in our blog and we will make it a reality. Contact info@gowinglaw.co.uk with your ideas.

We look forward to hearing from you soon.

Safety in the Work Place & Covid-19: What are Your Rights?

Posted on May 15, 2020 by Hannah Fletcher - Blog, Covid-19, Uncategorised, Work Place Accidents

How often do you think about safety in the work place? Whether you are a health worker, social carer or you work in a retail environment, if we are going to stop the spread of the Corona Virus, it is essential that you have the proper tools to do this. No one can go into a battle unprepared, and if you are forced to continue working without the proper equipment then you have the right to either stop working or claim for negligence in the workplace. Not everyone has the luxury of working from home, therefore it is important that we prepare those on the front line for the worst.

If you have found that your workplace has inappropriate safety gear, rules or social distancing measures in place, then this is where people can get injured (i.e. ill with Covid-19) or accidents can happen. You can claim compensation for this if your injury was due to problematic protective equipment. Your employer owes you a right of care, therefore if you have been injured it shows that they are failing to meet standard safety regulations. Gowing Law Solicitors can show you precisely how you can make a claim to ensure that the safety of your workplace is maintained. Make sure to check out Gowing Laws Accidents in the work place page for more information!

The Lack of Protective Equipment & Safety in the Work Place

Three weeks ago, the UK was up in arms about the lack of protective equipment that was needed by doctors, nurses, care staff, customer retail space and other public jobs that could not be undertaken at home. Yes, #ClapForCarers appreciated the staff who were out risking their lives for the sake of others. But the fact that the government was not getting people the equipment they needed was a shortcoming. Clearly they were not thinking about safety in the work place.

Those in hospitals were suffering from a lack of personal protection equipment (PPE). The PPE at Work Regulations 1992 states that PPE should be supplied at work wherever there is a major risk of the health and safety of the employees that cannot be controlled through other means. The PPE must be:

Properly assessed before being used to ensure it will not break.
Stored and maintained throughout job activities.
Given to employees with instructions on how to use it safety.

To ensure safety whilst working in the pandemic, each professional area will need a specific set of equipment. Does your own work environment supply you any of the following things:

If your workplace does not have an adequate supply of the relevant PPE, then you have the right to speak up about it. People in the front line should not feel like they are being “bullied” into working for a good cause, especially if there are people around who do not respect the challenges that the job may entail during the pandemic.

Safety in the Work Place Case Study: Belly Mujinga

Belly Mujinga was a ticket worker at Victoria Station. A man approached her and spat on her after claiming that he had Covid-19. Belly Mujinga had underlying respiratory conditions and was admitted to hospital on the 2nd April when she started experiencing symptoms. She died three days later, leaving behind a husband and 11 year old daughter.

This is a tragic case that could have been easily prevented if protective measures had been put in place. That is why we need to ask ourselves these three questions:

Why was a vulnerable person allowed to keep working?
Why did she not have protective equipment, such as face masks, hand sanitizer, protective barriers, etc?
When she complained about this, why did her company not take action? Why did they ignore her?

According to the BBC, the TSSA general secretary, Manuel Cortes, claimed:

“As a vulnerable person in the ‘at-risk’ category, and her condition known to her employer, there are questions about why she wasn’t stood down from frontline duties early on in this pandemic.”

The safety of the employee needs to be made the ultimate objective of any sort of employer. What this case proves is that not enough was being done to ensure that front line workers are being protected against the virus and other people. Key workers do not deserve to feel threatened by just doing their job. That is why, if you think you are in a similar position and feel like your job is not following government advice, you may need to make a claim against them for compensation and better working conditions.

Are you being bullied into silence?

On the 15th May 2020, the BBC announced that some NHS managers were trying to make doctors not speak publicly about the PPE shortage in hospitals. WhistleblowerUK claimed that more than 100 healthcare workers had come forward to say that there were concerns about Covid-19 and PPE. Workers were told through posters and newsletters that they were to stop

“commenting on political issues, such as PPE”.

Do not be afraid to speak up about any mis-treatment or lack of protective equipment. Clearly there is a flaw in the system if people focus on you and your mistakes, rather than the message that you are trying to communicate. By bringing up these issues you could save lives.

However, if you do think that your managers are getting out of hand, or are treating the situation inappropriately, you could make an employer negligence claim. These are normally linked to a work injury claim, where the employer has failed to provide a safe work environment. Worse still, these conditions may have caused an accident (i.e. the spread of the Corona Virus) and could lead to a workplace accident claim. After all, safety in the work place regulations were not being adhered to. You could claim compensation from this.

What are your work rights?

One of the main responsibilities of any employer is to provide the worker with a safe environment. If you have not received any help to maintain your safety when interacting with customers, you have every right to either leave the environment or make a formal complaint. This advice applies to more than just key workers. If you are an office worker, then you have the right to either work from home (if you think the office is not a suitable environment) or ask for social distancing measures to be put into place.

Right now, you may be feeling a little nervous about your working conditions. That is because the world of work is constantly changing- sometimes even on a daily basis. The government’s advice so far has been basically “if you can work from home then do it.” This is because it makes it less likely that a second wave of Covid-19 will hit and cause another lock down. However, there are always going to be employers who try to cut corners and force you to do the maximum on minimum supplies. This is why it is essential that you know at least the basics of your right in a period of crisis.

To put it bluntly:

Covid-19 is an accident waiting to happen

When you think of safety in the workplace, you may think of potential hazards that could affect your physical health. This could be a wet floor, electric cable or perhaps dangerous work appliances. If you are forced to commute or perhaps are in charge of a vehicle, this could also include car accidents and motorbike accidents.

Covid-19 is an invisible hazard that your employers should be trying to protect you against. If you fall sick and they refuse to pay you statutory sick pay (SSP) that is you and your family’s livelihood on the line. Safety in the work place is a big issue. If your employer is neglecting their responsibility for their employees, you can make a claim against them. Whether or not it is through an employer tribunal or is an accident at work claim depends on your personal employment situation.

What has made your work environment unsafe?

Everyone is at risk of catching Covid-19. However, there are things that your employer could be doing that are making the situation even more dangerous. Worse still, due to their actions, someone may have already caught Covid-19.

Have any of the following happened at your work place?

Safety equipment (PPE) has been denied to you and your colleagues.
You have been told to sort out your own safety equipment.
You have not been updated with the latest government safety advice
Social distancing regulations have not been applied (i.e. people are still working in large groups)
Your work place lacks any hand gel, sanitizer or soap facilities
You have not been allowed to work from home despite being able to
You cannot work from home despite living with a vulnerable person
Someone has come into your workplace with Covid-19. Nothing g was done about it- i.e. Safeguarding measures were not implemented to send them home

If any of these things have happened, and they have caused the spread of Covid-19, you could either file a a employer tribunal claim or you could ask for accident at work compensation. Both of these depend on whether or not you were the person who caught Covid-19 because of the lack of safety in the workplace. Either way, Gowing Law Solicitors can help you with these claims.

Accident at Work Claims Procedures

As mentioned previously, accident at work claims tend to be more around physical injury. However, if your employer was the main reason behind you catching the disease, you are entitled to compensation if they are proven to be at fault. In some cases, you may not need to do anything because they will pay you SSP. However, if they have simply washed their hands of you because of your illness, you could be entitled to compensation.

Gowing Law Solicitors can help you process a negligence claim against your employer, especially if it was due to a lack of safety in the work place. That way you can support your family even if you cannot go to work. We can help you do this from the safety of your home. Our specialist accident at work claims team can represent you whilst you remain isolated.

Gowing Law speaks about Covid-19 Related Topics

Covid-19 is a big topic right now when it comes to the world of work. After all, in just a few months it has managed to turn the world upside down. Every day there is something new happening that could change the routine of your world. That’s why Gowing Law is dedicated to getting you the right advice at the right time. We want to make sure that safety in the work place is properly adhered to. But don’t forget to look at some of our additional Covid-19 related blogs. This includes writing a will during the pandemic and what to do if you have been the victim of an unfair dismissal case. Let us know how we can help you.

What should you do next?

Is your employer at fault for negligence or has been the reason behind you catching Covid-19? you can either visit our accident claims page or you can reach out for more information.

To contact Gowing Law Solicitors, please call 0800 041 8350 or email info@gowinglaw.co.uk. You can also message our team directly by visiting our contact page.

We look forward to helping with your case soon!

Fill out the form to start your claim today!

What sort of safety policies does your work have in place?

What are your questions about accident at work claims?

1. What sort of accident at work claims are there?

2. How can I be sure I have an accident at work claim?

3. How bad does my injury need to be to make a claim?

4. How do I make a work accident claim?

5. Do I need evidence to prove I was hurt?

6. What do I do if no one saw my accident?

7. How much money can I get from a pay out?

8. Can I claim for more than just my injuries?

9. Can my employer sack me if I make a compensation claim?

10. Can a solicitor help me with my case?

Covid-19 & Work Accident Claims

Contact Gowing Law Solicitors today about your work accident compensation claim

Want to learn more about work accident compensation claims?

What is a work accident?

Can’t I keep working from home?

How do I keep safe in my work environment?

What should I do if I have a work accident?

An Employer’s Duty of Protection

Will Covid-19 cause any problems for my claim?

Speak to your manager about your unsafe work environment

Can a solicitor help me if I have had a work accident?

Gowing Law Solicitors can help you with your work accident compensation claim

Read more about UK law and Covid-19

The Test of Covid-19 on Solicitors

Legal Changes & Different Employment Sectors

What can a lawyer do?

The Importance of writing a will

How long will it take to write a will?

The future of the court system: What can we expect?

What have we learned from Covid-19?

Do you need legal help?

Want to learn more about the UK law?

1. What is an accident at work claim?

2. How bad do my injuries need to be to get compensation?

3. What should I do if no one saw my accident?

4. Can my employer fire me if I make a work accident claim?

5. Can a work accident claims solicitor help me with my case?

What should you do if you have an accident at your work place?

Gowing Law Solicitors can help you with your compensation claim

Want to read more?

What counts as an accident at work?

What should you do if you have suffered from an accident at work?

1. Focus on your injuries

2. Photographs and Videos

3. Ask your colleagues for witness statements

4. Ask your colleagues to keep an eye on your employer

5. Keep an injury diary

6. Submit a grievance report or letter of complaint

7. Create an expenses & losses spreadsheet

8. Request a “Subject Access Request”

9. Organize all of your evidence

10. Ask for the help of a trained solicitor

How do I make an accident at work claim?

Gowing Law Solicitors can help you with your accident at work claim

Read more about the UK law and accidents at work!

What is happening in the UK?

Safety in a retail: Covid-19 Edition

Public Accidents in a Retail Store: Health and Safety

Who was to blame for the accident?

Customers: What to do if you have suffered an accident in a public space?

Employees: Health & Safety in retail stores

How much could I earn from an accident at work compensation claim?

How to handle a breach of health & safety or a work accident?

Gowing Law Solicitors can help you with your work accident claim!

Want to learn more?

Remote Working

Working Onsite: Lowering the Risk from accidents at work

Keeping safe on your commute to work

Private Transport

Public Transport

Cycling

In the Work Place

The Three Categories of Hazards in the Work Place

What to do if you get ill as a result of a hazardous work environment/accidents at work?

Gowing Law Solicitors can represent you and get you compensation!

Want to read more about work place hazards?

Remote Working & Work Place Safety