If you are involved in an accident at work which causes a personal injury, or if you have contracted an industrial illness through the work that you do, you may be entitled to make a no win no fee claim for compensation.
All employers have a legal responsibility to provide employees with a safe and secure workplace. This responsibility includes providing adequate equipment and materials, providing competent co-workers, providing a safe system of work and providing proper training and supervision.
If you are injured in the workplace, or at any point whilst carrying out your employment duties, you should always ensure that the accident is reported. Most companies should have an accident book to record such incidents. This will not only act as evidence that the accident occurred if you decide to pursue a compensation claim, but may also help your employer to prevent similar accidents from happening in the future.
As accidents at work are common, your employer must have insurance to cover any compensation claims that are made against them by employees who are injured at work. This is known as Employers Liability Insurance. Compensation awarded following a work accident claim is paid by your employer’s insurance company – it is not paid directly out of your employer’s pockets.
Below are some examples of accidents in the workplace and some information on some of the common questions and concerns regarding accident claims.
Your employer has a responsibility to ensure that the place, or places, where you work are safe. Therefore if you have an accident at work due to a slip on a wet floor, a trip on a raised floor tile, or a fall down some damaged steps, you may be entitled to make a work accident claim against your employer for the injuries your have sustained. For more information about slips and trips at work, please visit our compensation for slips and trips at work page.
If you are involved in an accident at work which is caused by unsuitable equipment or materials, you may be entitled to make a work injury compensation claim for any personal injuries that you suffer. Even if your accident is caused by faulty equipment, materials or machinery supplied by another company, the responsibility for ensuring that they are safe for you to use and that you are adequately trained to use them will usually remain with your employer.
Your employer has a responsibility to take reasonable steps to ensure that you are able to carry out your work duties in a safe way in order to avoid any inherent dangers. For example, if your work involves a lot of heavy lifting, your employer should provide training so you are aware of the correct way to lift items in a way which minimises the risk of suffering a lifting accident at work. If you are not provided such training, and suffer an injury as a result, you could be able to make a no win no fee work accident compensation claim.
Your employer must ensure, to the best of their ability, that the people they employ are competent in their jobs and do not put other people in the workplace at risk by their actions. Therefore if you are injured at work due to something a fellow employee did, or did not do, your employer is potentially liable for those actions.
Below are some common questions relating to the process of making an accident at work personal injury claim.
A work accident claim must be made within three years from the actual date of the accident. If at the time of the accident you are under the age of 18, the three year period would not start until the date you turn 18 years old. If your work related injury only became apparent at a later date after the accident, the three year period would begin on the date you became aware of the injury, rather than the date of the workplace accident.
It is a legal requirement for your employer to have insurance cover, known as Employers Liability Insurance, to cover them in case of any work related accidents. If your personal injury claim is successful, it is the company’s insurers who pay the compensation awarded, not your employer.
An employer cannot legally dismiss an employee for making a compensation claim for an accident at work. Therefore if your employer did dismiss you on these grounds, it could be classed as unfair dismissal, which could entitle you to make a separate compensation claim through employment law.