An accidents at work claim can be quite complicated. The amount of compensation you receive depends on the type of accident you have. The more losses you have experienced during your case, whether they be financial, physical or emotional, the more likely it is that you will get a higher pay-out. Some pay-outs may even come to thousands of pounds! That’s why it’s crucial for you to understand precisely whether or not you actually have a claim. We have already discussed in our interview with Elaine the types of work accident claims that exist. Today we are going to talk about what could make your employer liable for your injuries.
Could you be due compensation from your accidents at work claim?
One of the main things you need to be certain about when you make your accident at work claim is that you are most certainly not responsible for your incident. For instance, if you were acting irresponsibly in the work place by “messing around” on equipment or in the office, if you get yourself hurt then it is very unlikely that you could sue your employer for compensation. You were in complete control of your actions and knew that there was a chance that you could get hurt.
If you do want to claim for accident at work compensation, you will have to prove that that your employers have been negligent and have not provided an environment that can keep you and your colleagues safe whilst you work. That is their responsibility and the reason why you can claim for compensation in the first place. This is what is known as a “duty of care.”
Will I be financially hurting my employer if I claim?
No! You actually won’t. Companies are legally required to have employer liability insurance as soon as they employ people in their company. The only way that they may not need it is if they employ someone who is a member of their family or if the employee is based abroad. This insurance will pay an employee if they become sick or injured due to an accident. Overall, it means that if you ask for this compensation, they will not be paying it from their own finances.
There will not be any hard feelings if you return to work after you have been paid compensation. It’s important to know that if you do make an accidents at work claim, no one needs to know about it apart from your manager. It will be kept completely confidential unless you wish to share it. That means things should not get awkward between you and any other employees.
If any discrimination does happen in the workplace then you could ask for an employer tribunal. If this has happened to you during the Covid-19 pandemic, make sure to check out our worker’s rights blog to learn more.
How do I establish if an employer has been negligent?
So, if you have suffered from any sort of accidents at work, one of the first things you need to do is prove that your employer is “at fault” for your injuries and losses. Your losses can include:
- Physical injures
- Emotional damages (aka. trauma)
- Financial losses (aka. wages)
- Broken appliances/equipment
You need to prove that your employer actually failed in providing a safe work environment for you and your colleagues. So for instance, if you work in an office, you may have found that there was no safety training about moving around every few hours to avoid repetitive strain. Another example is if you work in a construction site, you may not have been given appropriate training on how to lift heavy items or use certain equipment. The type of injuries you suffer does greatly depend on the type of work place you are at. Each work environment is completely different, however they may include:
- Slips and trips
- Falling down with heavy objects
- Repetitive strain injuries
- Injuries with malfunctioning equipment
- Electronic bodily harm
- Strained muscles and broken bones
If your employer has not provided training to help you carry out your daily activities, or perhaps has asked you to do something out of the ordinary, if you get hurt then it is their responsibility to look after you through compensation or sick pay (SSP).
The main elements of accidents at work claims
Your main goal is to prove that the responsibilities of an employer-employee relationship have been breached. In other words, they have breached the duty of care towards you. Make sure to write out what expectations and responsibilities they had to ensure your safety in the office. That way you can find out which they breached and what arrangements they should be making to ensure that the workplace becomes safer.
Once you have established what types of “care” has been breached, your employer will have the chance to respond to you. If they accept negligence then they may be happy to enter into a settlement with you. If you have a work accident lawyer on your side, they can help you negotiate any terms and conditions before you even get to court.
How long should I wait to make a claim?
Now, normally we would recommend that you meet with a solicitor as quickly as possible to discuss your injuries. This is because they can analyse the types of damages you have suffered and how much you could be owed in your pay-out. However, as you will need to understand your own injuries, and perhaps receive medical treatment, we would suggest that you wait at least 2 weeks before you start your claim. With that said, try not to leave your claim for too long. Covid-19 has caused the UK court system to back up with unresolved cases. That means if you leave it for a while, it will take a long time for you to receive the compensation that you deserve.
Gowing Law Solicitors can help with your accidents at work claim
Here at Gowing Law, we understand that any type of injury can leave you feeling vulnerable. That’s why you can put your faith in our trained solicitors to help you get the compensation that you deserve. Not only can we work with you remotely, but we can also offer you free advice and consultations about your claim. If you decide you are interested in working with us further, we always offer our services on a no win-no fee basis. That means there is no risk if you want to claim against your employer. If we do not win your case, you will not need to pay any fees. So, why not get in contact today?
Call 0800 041 8350, email info@gowinglaw.co.uk or use our direct messaging feature located on our contact page. A member of our team will then get in contact with you as quickly as possible to help you with your claim.
Want to read more from our interview with our operations director?
We understand that work claims can be complicated. That’s why you may want to learn more from our recent interview with Elaine. Check out more about accidents at work claims below:
- Work Accident Compensation Claims: Your Questions Answered!
- The Basics of Accident at Work Claims: Explained by Gowing Law Solicitors
- The top 10 things you need to do if you have had an accident at work
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