What happens if you claim for a workplace accident?

clip_image002If you have an accident in the workplace that isn’t your fault and could have been avoided, you are entitled to make a claim for compensation, just as you are if you are the victim of an accident anywhere else that isn’t your fault.

Why are people hesitant to make a claim?

Many people however feel very nervous about making a claim for compensation if it happens at work. They are worried that by doing so, they will harm their employer financially and subsequently put their own earnings at risk. Perhaps by losing their job, or by the company going under.

The truth:

Your employer has a duty of care to ensure your safety at work, which is enshrined in various pieces of legislation. They have to provide you with a safe place to work, the right equipment to allow you to do the job, the right training to carry out your role, and competent colleagues. If this is not the case, and as a result you are injured at work, then you are entitled to make a claim for compensation and your employer won’t have to reach into their pocket to pay it.

This claim will be made against the company’s insurance, not against the company itself or against your boss personally. All employers’ have to have a type of insurance called Employers’ Liability Insurance, and they have to have it for exactly this reason. The claim gets reported to the insurance company, who will force the employer to change their work practices if necessary to improve the health and safety of you and your fellow employees. The compensation you would receive would include for loss of earnings if you were unable to work as a result of the accident.

The rules for workplace accidents can be quite complicated so if you do have an accident at work you need to seek the services of an experienced personal injury solicitor straight away. Equally make sure that the incident is recorded in the accident book, that you notify your union if you are a member of one, that you take detailed and thorough notes that you can refer back to, and that you get the names and contact details of any witnesses. You will need all of this as evidence to prove that your employer was to blame.

If the injury is not bad enough to require medical treatment, it is not bad enough to lead to a successful claim for compensation. So, you should visit a doctors or hospital to treat your injuries in order to be able to make a claim.

Remember that your employer is responsible for the acts of your fellow employees too. So, if you drop a hammer on your foot, it is your fault. If your colleague drops a hammer on your foot, it is your employer’s fault. If the head of your hammer falls off, the equipment provided by your employer is faulty so it is their fault. An experienced personal injury solicitor will be able to advise you quite quickly as to whether or not you have a case.

Cooks Solicitors have been in business in Newcastle-under-Lyme, Staffordshire, for over twenty-eight years, and are highly experienced in dealing with personal injury claims. Nigel Cook has over thirty years dealing with personal injury claims. He has dealt with multi-million pound cases and has taken cases to the Court of Appeal. He will either be directly in charge of your claim or very closely supervising it. He is a strong believer in explaining things simply and fighting for clients who have a good case. To speak to us about your case and for initial free advice, please call us on 01782 713 755.

Agree? Disagree? Do let Cooks Solicitors know what you think by commenting below.

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