An accident at work injury can cause more than just a few bumps and bruises. Large injuries can actually cause severe trauma and slow-healing wounds that may take months on end to heal up. This can lead to you missing out on potential opportunities that you would have received if you were able-bodied at the time. If you get hurt in any type of work accident, you should immediately report it to your co-workers and manager. Get their attention and make sure that you get the medical treatment that you need. That way you, and anyone else who was hurt in the accident, can start the process of a work accident claim without any potential difficulties causing a problem to you and the amount of pay-out that you receive.
Gowing Law Solicitors can help you understand how you can move forward with your claim. Get in contact now for free advice and legal counsel. Click the link below for more information:
Covid-19 & Accidents: What to expect?
Before we jump into work injuries and compensation claims, let’s talk about the current pandemic and work accidents. A lot of people are currently working remotely through a VPN or are currently making preparations to return to working on-site if they are essential staff or have been asked to by a manager or employer. Remote workers may be wondering if they are entitled to compensation if they get hurt, but if you are going back on-site then you will also need to think about the risks that Covid-19 presents to your employees. There is a chance that if your employee catches Covid-19 that they could claim compensation. Take a look below to see how this could work:
As you can see it is extremely easy for one mistake to cause an accident that could cost a company thousands in compensation from their employer liability insurance. That’s why it’s important to maintain social distancing in the office or any other type of workplace. Make sure to follow government guidelines and that your employees are always protected when they come in on their commute and leave to go home.
Why should I report an accident at work to a manager?
Naturally, if you get hurt at work then you will need to get help to deal with any repercussions. Any accident may have been due to the negligence of your employer, perhaps because of the hazards in your environment or maybe due to the naivety of your co-workers. Either way, you got hurt because of an accident that happened on work property. That means it’s their responsibility to ensure that you get the medical help you need to recover.
Reporting an accident to a manager or employer can also prove that it happened in the first place. Although most employers will simply take responsibility for what happened, you may also get some employers who may try to cover it up or wriggle out of it if you leave the claim too late. Always alert colleagues and managers as to what has happened to you. That way you will have evidence that an accident did take place.
What will happen if I do not report my accident?
Honestly, if you do not report your accident and then try to make a claim, it is very unlikely that you will be able to claim compensation. After all, you may have got hurt somewhere else. Without the evidence to prove it then your employer may not have to pay you compensation or may not even grant you sick leave. As soon as you get hurt, make sure to alert your fellow staff and higher management. That way even if there is a potential cover up, you can make sure that you at least have witnesses that can vouch for you. Take a look at the infographic below to see some additional things you should avoid after having an accident at work.
So, the overall lesson is to always tell someone about your work accident. Whilst you can collect a vast amount of evidence for your case, if you do not report it then you may find that your employer claims that they say that you did not inform them immediately, therefore they had no way of reacting to your injuries in an appropriate manner. This includes getting medical aid and writing it down in the work accident book.
Will I be fired for my work accident?
Work accidents can be a sensitive subject for many people. After all, you don’t want to think that you could easily get hurt when you are meant to be in a safe environment. But when accidents do happen, not every employer is going to react the same. You should never be fired for your work accident, after all they should be prepared with the right insurance to ensure that you are rightly compensated for all sort of accident at work injury claims. However, if your employment is terminated because of your accident, this will change the type of claim you actually have. It is known as unfair dismissal. This means that you will have to bring your employer to court for an employment tribunal case. You should never have to tolerate an employer abusing their power and should be rightly compensated for your losses.
So, what should I do if I have been hurt in a work accident injury?
Now that you understand how important it is to report the accident to your manager or work mates, you should also understand what the proper procedure is when you are in a work accident. Following the correct protocol means that you can get the highest amount of compensation possible if the accident is taken to trial or you have a settlement agreement with the employer’s insurer.
As discussed, the first thing that you should do is tell someone that you got hurt. That way your work accident book can be updated with the details of your accident. You are entitled to a copy of this report. Once you have the report documented then you should get medical assistance as quickly as possible. Even if you have only suffered from minor wounds, you should have them checked just to make sure they are not any worse than they initially appear. You may also want to look around for evidence. Evidence may include:
- Photographs of your injuries and the accident environment
- Videos and CCTV footage
- Witness statements
- Medical reports
- Police reports
- Diary Entries
- Receipts of financial losses
Once you have collected your evidence then you should go to a solicitor to help have it organized and your case discussed. They can help you understand what you are entitled to and how you can get the highest amount of compensation possible.
What kind of damages can I claim for?
Whether you have a pedestrian traffic accident claim or a beauty claim case, most of the damages that you can claim for fall under similar brackets. The main categories of damages are “general damages” and “special damages”. General damages account for the pain and suffering of the claimant. This may include their:
- Physical damages
- Emotional damages
Special damages are for the claimant’s financial losses. A lot of people naturally assume that the only thing that they can claim for are their physical injuries, however this is certainly not the case. If you have made any financial losses then you can claim them back. Take a look at the case study below for an example:
As you can see, Margaret was forced to pay for her injuries, including her tax fees and recovery treatments. However, there are other types of financial losses she could have experienced, including the loss of wage and opportunity. So, for instance, let’s say that you were aiming for a promotion for your hard work at your company. If you suddenly got hurt and were not able to go to work anymore, it is very likely that you wouldn’t get the promotion. In fact, you may end up losing out on your wages because you are going to be forced to take sick leave.
What happens if my accident at work injury is not reported by my employer?
Did you know that it is a legal requirement for an accident to be reported to RIDDOR? If employers don’t, then you may find that they end up being sued or could get a large fine of up to £20,000. Sometimes they may even get an unlimited fine that is requested from the Crown Court. If you have been injured due to a work accident, you do have the right to ask your employer what they are going to do about it. In other words, you can find out whether or not the incident was reported to an appropriate authority. If it wasn’t then you can use this as evidence of neglectful behaviour. You can even prove that they have breached their duty of care.
What should I do if my accident at work injury is not reported?
The first thing you need to do is not panic. It can feel horrible knowing that your employer isn’t acting like they are on your side. However, some cases are simply more complicated than others. Even if your employer tries to fight against giving your compensation, having a trained solicitor on your side can make sure that the legal process moves forward smoothly.
Your solicitor will advise you to focus on collecting evidence if your injury has not been reported. For instance, if you get a medical report of your injuries, you could show how old they are and how they relate back to the accident that occurred in the workplace. Providing your lawyer can help them to start building your case, especially if you combine it with any other type of evidence that can:
- Prove your injuries before you received any medical treatment (i.e. Photographs or videos)
- Show where the accident took place and what the hazard was (i.e. CCTV, photographs and videos)
- Validate your own statements and opinions of what happened (i.e. witness statements)
- Show examples of previous accidents that have happened in your workplace (i.e. witness statements or records)
How long will I have to report the work accident to my manager?
Honestly, if you are suffering from severe injuries that could change your life, you should speak to your manager straight away. That way they can be reported by your manager to RIDDOR as soon as possible. Any initial report of the incident must be written up within 10 days of the accident being reported to RIDDOR. Keep this in mind when you ask your manager for an update. If they have not adhered to the 10 day deadline then they could get in trouble for negligence.
Outside of the initial report, you may also be wondering about how long it will actually take to make a work accident claim. You should always aim to have your work accident claim sorted out as quickly as possible. That means that there will be a less likely chance that you could lose evidence or have your wounds get any worse without appropriate treatment.
You will have three years from the time of your accident to make claim. Make sure to give your lawyer as much time as possible. That way they can get your claim organized in a manner that can get you the highest amount of compensation possible. You can also check in with them to learn how your claim is going. They can also advise you on what you can do to help.
Gowing Law Solicitors can help you with your accident at work injury claim
Gowing Law Solicitors are here to help you get the compensation that you deserve. We will provide you with expert advice on your claim and carefully explain anything that you may need help with. To get started with your claim, feel free to get in contact with us. If you’re happy with our free advice and consultations, we can offer our services on a “no win-no fee” basis. That means you will always come out on top and never have to pay any hidden fees.
Ready to read more about work accident claims?
Work accident claims can get complicated quickly. This can only get harder if you do not have the right help to guide you. Gowing Law prides itself on providing helpful law advice. Our help can get you on the right track with claiming your pay-out. Not only can you get this advice from our experienced solicitors in Manchester, but from our blog. We keep our blog updated with new content every week. Make sure to check back to see what new topics we are covering.
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