No matter where you work, from offices to Factories, you may at risk of injury.
Whether from a simple trip or slip to something far more serous, accidents can result from the way you do your job, dangerous premises or even faulty work equipment.
Employers Duty of Care
Allen Harry Myers
Legal Executive - Health & Injury
Every employer has a duty of care to ensure that employees can do their job safely. Employers cannot predict or prevent every accident.
However, by carrying out regular health and safety checks it is possible to identify foreseeable risks and reduce those risks to a minimum. If employers neglect this duty they can expose employees, customers, or even the general public, to risk of injury.
What is a Personal Injury Claim?
If your employer fails in its duty to keep you safe at work you may be entitled to recover damages if you have an accident at work. This would be known as making a claim for personal injury.
A personal injury claim is a legal process where you can claim financial recompense for an injury at work. To succeed you will need to prove that your employer was responsible for the accident and that it resulted in you sustaining an injury. If your claim is successful you will recover damages to reflect your injury.
You can also seek damages for loss of earnings, medical care and out of pocket expenses. In fact you should be able to claim for all expenses and losses incurred provided that they are related to the accident.
What do I do if I am Injured at Work?
If you suffer an accident at work you should make sure that it is reported in your employer’s accident book as you will, as part of the claims process, have to prove the accident actually happened.
Depending on the nature and seriousness of the injury you should ensure that medical assistance is obtained in a timely manner.
Having properly reported your accident and attended for treatment it is wise to keep a diary detailing your recovery. You should also record what expenses you incur. Keeping receipts is a very good way of proving what you have had to pay out for as a result of your injury. You should maintain a record until you are back on your feet and have made a full recovery.
It would also assist your claim if you write down what you recall of the accident along with the names of any witnesses whilst it is still fresh in your mind
When Should I Make a Claim?
Many potential Claimants are put off pursuing a claim as they worry about what their employer will think. It is important to remember that employers have insurance and it is the employer’s insurance company that will investigate any claim and pay any compensation. An employer may have to pay an insurance excess in much the same way as an individual might in a car accident but beyond that the employer is no longer financially involved in the claims process.
There is no need to start a claim immediately. However, the law allows the victim of an accident a maximum of 3 years in which to bring a claim from the date of the accident. It is important that you make a note of the date of the accident and seek expert advice as soon as possible. If you fail to bring a claim within the first 3 years you might be barred from making a claim altogether.
We Can Help
At MW Solicitors, Our Mission is "To make quality legal services accessible to everyone" including those who have been injured at work.
Instructing a specialist Personal Injury Solicitor who properly understands your claim means you are are supported throughout the legal process. Our expert Solicitors are happy to discuss any potential claim you may have and to steer you through the process of funding and progressing your claim to a successful conclusion.