What Happens if you get Injured at Work?

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Accidents in the workplace are very common and can happen in any type of employment industry. Many accidents at work could be avoided if employers implement the correct measures and procedures to reduce the risk of an injury at work from taking place. If you have sustained an injury at work as a result of an accident, then you may be able wondering if you are entitled to make a personal injury claim against your employer.

If it can be established that someone else was responsible for your injury, such as your employer, a colleague, or a company performing work at your place of work, then you likely have the basis of an accident at work claim for compensation.

What happens if you get injured at work?: The Law

 

Your employer has a duty of care towards you and is is obligated by law to provide a safe and healthy work environment.

Your employer must always provide appropriate training, and where necessary, the correct and suitable equipment to help you perform your duties safely. Your employer must also properly maintain the work environment and the equipment to ensure that it remains safe at all times.

Health and safety employment laws and legislation have significantly increased the level of protection open to employees. There are numerous written health and safety regulations and laws designed to prevent accidents in the workplace and any breach of these regulations can cause accidents with undesirable consequences. The Health and Safety Executive have set out guidance on their website for employers to assist in the implementation of Health and Safety Legislation on the workplace.

Common types of accidents in the workplace

What happens if you get injured at work?: Steps to take following an accident

In the event you are unfortunate enough to suffer an accident at work then we would recommend that you do the following:-

  • Report your accident to your supervisor or manager as quickly as possible.
  • Make sure that an accurate description of the accident is written in the work accident book. Your employer is legally required to keep an accident book and you should check any entries as it may be important evidence in your case.
  • If possible, take photographs and/or prepare a sketch of the incident area, and any equipment that was involved.
  • Ensure that you take the contact details of any witnesses to the accident.
  • Try to find out if there have been any similar accidents or any complaints that may be relevant to your accident.
  • Seek medical attention from your GP or hospital.
  • Keep a record of any financial expenses incurred by you as a result of the accident.
  • Always seek legal advice before agreeing anything with your employer or their representative regarding the accident.
  • If you wish to make a claim for an accident at work, contact Beacon Law to speak to a specialist personal injury solicitor about making a claim.

What happens if you get injured at work? : Your right to claim

If you have been injured at work due to someone else’s negligence and you suffered an injury as a result, you have the right to make a personal injury claim against your employer. To successfully make a claim for personal injury, we must be able to prove that your employer has breached their duty of care, and that breach led to you sustaining an accident and subsequent injuries.

The process of making an accident at work claim

If you have suffered workplace injuries as the result of an accident, you should get in touch with a law firm, such as Beacon Law to find out if you are entitled to accident at work compensation. The process for making a claim against your employer will involve:

  • A phone call with an experienced Personal Injury Solicitor: Your Solicitor will need you to provide your employers details, the circumstances, time and date of the accident, the nature of you injuries, and details on whether the accident was reported, or if there were any witnesses present.
  • Paperwork: When you have provided your agreement to proceed with the claim on a no win, no fee basis, we will provide you with some paperwork to fill in regarding your claim.
  • Claim initiation: As soon as you have provided your signed paperwork, we will contact your employer to advise them of your claim.

There is a three year time limit for all personal injury claims. Your claim will become statute barred and you will lose your entitlement to bring a claim for compensation if you do not make a claim within three years of the accident date (or from the date on which you became aware that your injury was caused by an accident at work)

We would recommend making a claim as soon as possible as the deadline relates to the settlement of the case, not the initiation of the case. If the case takes longer than expected to settle, the Court may allow for an extension past the three year deadline.

What happens if you were partially responsible for the accident?

If the Accident was 100% caused by you, you will be unable to make a claim against your employer as they cannot legally be held liable for your accident or injuries. If you were partially to blame for your accident, you may be able to make a claim against your employer if it can be proved that their negligence was the main cause of the accident. If you were partially responsible for the accident, the level of compensation you receive may be reduced to reflect this. 

What happens if you get injured at work? Will you be dismissed if you make a claim?

When people consider making a claim against their employer, they are often concerned that they will be dismissed or treated badly. We can however assure you that your employer is not permitted to terminate your employment or abuse you just because you have made a claim against them.

Your employer should have appropriate insurance in place which is designed to cover them in the event any of their employees are injured due to their negligence or a breach of statutory duty. You should therefore appreciate that your employer’s insurance company will cover the costs of any claim, and not your employer’s directly.

How long will it take to settle my work injuries compensation claim?

It is very difficult to predict how long it will take to settle any case. If your case is straight-forward, your injuries are minor, and your employer admits liability within the required time frames, it should take around 6-9 months to settle your claim. The claims process is not always straight-forward and there are many factors which could cause a delay in settling you claim, such as an unresponsive defendant, difficulties in obtaining evidence, and serious, complicated injuries.

The timescales from the initiation of a claim to obtaining compensation will vary depending on whether your employer admits or denies liability for your accident. The seriousness of your injuries may also have an impact on the amount of time it will take for us to settle your claim.

For more information on the claims process, feel free to look at this section of our website.

How much compensation could you receive for your accident at work claim?

If you have been injured in an accident at work, and you decide to make a claim, the compensation awarded to you for your injuries will be dependent on the type of injury and the level of pain and suffering you sustained. It is difficult to value a claim without knowing all the details of the injury. As many injuries are complex, especially those which are ongoing, it may be necessary to obtain a medical evaluation of your injuries before we can make an estimation on the value of your injuries.

The valuation of your general damages will be based on recent case law, as well as guidelines set out by the Judicial College.

In addition to your claim for compensation for your injuries, you may also be able to make a claim for additional financial losses. Your additional losses can include the following:

  • Loss of earnings for any time off work that was required due to the accident.
  • Travel costs – for travel to and from medical appointments
  • Parking costs at medical appointments
  • Costs of any care received
  • Medical treatment costs

You should ensure that you keep all receipts and invoices for your additional losses as these will be required to prove your loss.

Why Choose Beacon Law?

If you have suffered an accident at work, you may be wondering “what happens if you get injured at work” and you may be considering making a claim against your employer.

Beacon Law provides a team of highly experienced accident at work Solicitors and legal professionals. We provide a high level of service to all our clients and work hard to ensure you receive the highest level of accident at work compensation for your injuries. We are specialist Personal Injury solicitors with expertise in all types of claims, including, road traffic accidents, slips, trips, falls, and criminal injuries. Beacon Law is regulated by the Solicitors Regulation Authority. To find out about our no win, no fee funding, have a look at the funding section on our website.

To find out more about making a workplace accident, take a look at our FAQ’s.

If you have sustained injuries following an accident or as a result of someone else’s negligence, then contact Beacon Law today by calling 0330 1332 857 or complete the contact form at the top of the page to request a callback, and we will put you in touch with an experienced personal injury solicitor.

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General Enquiries:

0161 428 1234

New Claims:

0330 1332 857

Fax: 

0161 239 1072

Address

Beacon Law

1st Floor

Shirley House

12 Gatley Road

Cheadle

Cheshire

SK8 1PY