Work Accidents Claim
Work Accidents Claim Background
Although claims for work accidents are a frequent occurrence — more than 120,000 were reported to the Health and Safety Executive (HSE) last year — the point it is important not to lose track of is that work accidents are personal injury accidents. Irrespective of the nature of the accident – and how many other people have sustained injuries in the same types of work accidents — your work accidents claim has to reflect the personal injury you have sustained due to the negligence of an employer and the impact such an accident has made to your personal life.
Under the 1974 Health and Safety at Work Act, an employer has a legal obligation to provide you with a safe environment in which to work. This obligation extends from making a full risk assessment prior to a task being undertaken, to providing adequate training for the person undertaking the task, ensuring that suitable personal protective equipment is available when necessary and that supervision is provided to ensure that task is performed competently and safely. Ongoing monitoring should also take place to ensure that any employee remains competent and safe.
Are You Apprehensive about Making a Work Accidents Claim?
Many people considering making a work accidents claim have reservations about suing their employer for negligence due to the threat to a long-standing relationship or because of concerns about how a work accidents claim might affect their future job prospects. Inasmuch as claims for work accidents are settled by your employer´s public liability insurance – and not out of your employer´s pocket – neither a potential loss of friendship nor the threat of being penalised for your actions should prevent you from making a work accidents claim.
Most employers will be horrified that their lack of care has led to you sustaining an injury, and you are protected by law against the actions of any employer who values their profits higher than their workforce. When making a work accidents claim, you have to consider that any compensation you receive is only intended to replace the money that you would have had if you had not been injured and compensate you for the injury. Potentially, your biggest issue could be whether you in fact qualify for a work accidents claim.
Qualifying for a Work Accidents Claim
The major criteria for making a successful work accidents claim is that you have suffered an injury or loss, and that injury or loss is attributable to the negligence of an employer. If have been injured because of your own lack of care, that cannot be grounds for making a work accidents claim unless your negligence was due to a lack of instruction from your employer. Similarly, if you have been involved in an accident, but you have suffered no injury, there is no case for your employer to answer. Please be aware however that psychological injury, although difficult to prove can be the basis of a work accidents claim.
You might also have to consider where you stand in the eyes of the law if you are a short-term contract worker, agency employee, contracted or self-employed person at the time your accident occurred. Not being employed by the employer or contractor for who you were working does not necessarily disqualify you from making a work accidents claim — however, the procedures and even the liable party may be different, and this is why it is always in your best interests to speak with an experienced personal injury solicitor at the earliest possible opportunity.
Supporting Your Work Accidents Claim
You may also be concerned about whether your claim for work accidents may deteriorate into a “my word against his” scenario. In many cases work accidents claims can be resolved by negotiation, but it will support your work accidents claim if you can provide statements from witnesses about how your accident occurred, photographic evidence — even if taken with a mobile phone — and, of course, a copy of your medical notes from when you sought medical attention immediately after your accident.
If none of the above can be produced (although your medical notes are of vital importance), a solicitor should be able to acquire the evidence required to support your work accidents claim. The solicitor will also ensure that details of your accident are recorded in your employer´s “Accident Report Book” and reported to the HSE. If an investigation is required by the HSE as a result of your accident, your solicitor will be able to act as an intermediary between yourself and the investigating officers in order than you can focus on recovering from your injuries.
Free Work Accidents Claim Advice
If you — or a loved one — has sustained an injury at work which you believe could be due to the negligence of an employer (even partially), you are invited to call our free work accidents claim advice service. Our service enables you to speak with an experienced solicitor who is not emotionally involved in any dispute between you and your employer and who can provide you with accurate and impartial information about whether you have a work accidents claim which is worth your while to pursue and the best way to go about it.
Our lines are open from 8.00am to 10.00pm, seven days a week, and all calls to our free work accidents claim advice service and completely confidential. You are welcome to ask any relevant questions you wish to without being under any obligation to proceed with a work accidents claim and in the knowledge that our solicitors have more than twenty years of experience in assisting clients in a similar situation as yourself. Whether you are calling in respect of any accident you have suffered yourself, or on behalf of a loved one who has sustained an injury in an incident for which they were not wholly to blame, you can be assured of a professional and comprehensive service.