Accident at Work

Regardless of the type of workplace, accidents at work are common - whether involving a tripping/slipping accident, a burn injury, injury from falling or having something fall upon you, an injury from defective equipment or a poorly planned operation or procedure, injuries from lifting / manual handling, repetitive strain injuries, inadequate workstation arrangements / seating - you may be entitled to make a claim.

An Employer is responsible for ensuring as far as is practicable, the health and safety of his/her Employees during their time at work. If this duty is neglected, serious injuries can occur. Employers are obliged to take out Employer's Liability insurance to protect themselves financially against the risk of injury to staff members.

An employer has many duties according to the law – for example:

  • To provide a safe place to work in
  • To provide training and protective clothing
  • To make risk assessments of your job and safeguard against any risks highlighted
  • To protect you from unnecessary lifting
  • To protect you from falling objects
  • To keep all machinery and equipment in good working order
  • To protect you from hazardous fumes and substances

It is normal to feel a little reluctant to claim against an Employer. Many Claimant's worry about their job security after bringing a compensation claim against their Employer. Whilst we have no direct control over Employers and how they respond to accident claims, the majority will be covered by an insurance policy and so will not have to pay compensation from the business directly. If a Claimant is treated in any way unfairly by his/her Employer as a result of making a claim for compensation, then the individual concerned may have a claim in Employment Law against the Employer. If this situation arises, we will be able to put you in contact with a reputable solicitor specialising in this area of law to advise you further.

You may also have a claim as a sub-contractor if the main contractor has breached his duties to you. Contact me for further information in this regard.

Important Points To Note

  • Ensure that you report the accident to your supervisor/ manager and that the accident is recorded in the accident book – ask for a copy of this
  • Keep a note of the date, time and location of the accident
  • Take photographs of the accident scene / equipment involved in the accident if possible - remember to date the back of the photographs or make a note of when they were taken
  • Sketch a layout of the accident scene to aid your memory at a later date
  • Make a note of who was near to you at the time of the accident, especially those who witnessed or were involved in the accident
  • After the accident, keep a diary of any symptoms and when they started, any GP / Hospital visits, along with details of any expenses / financial losses. Keep receipts where possible.
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