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:
- The top ten things you need to know if you have had a work accident
- Covid-19 & accidents at work
- Can I get sacked if I make a work accident claim against my employer?
- Safety at work: What are your rights?
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!
