Personal Injury Law: Accident at Work
Every year, many people are injured as a result of an accident at work. An accident at work could be caused by a variety of things, including:
- dangerous practices and procedures in the workplace
- defective or poorly maintained equipment
- dangerous machinery at work
- noxious environment or toxic substances, e.g. asbestos
- slip, trip or fall – or a falling object
- negligence of co-workers
- insufficient or improper training
- an assault at work
- industrial injuries, such as vibration white finger
The injuries sustained in an accident at work can range from sprains, burns and scalds, head injuries, broken bones, amputation, loss of sight, and in the most extreme cases can even be fatal.
As well as pain and discomfort, an injury can lead to difficulty in carrying out day to day tasks and financial hardship.
Health and Safety at Work
All workers are entitled to work in environments where risks to their health and safety are properly controlled. This is whether you are working within your employment premises or carrying out certain duties off site. All businesses must hold insurance and meet Health & Safety guidelines – and all work activities are covered by Health and Safety Laws.
Your employer must ensure that:
- your work is carried out in a safe way
- you are properly trained
- your workplace is safe
- you have the correct equipment
- your work colleagues are competent
At the same time, workers have a duty to take care of their own health and safety and that of others who may be affected by their actions at work. You can read more about these points on our website: Health and Safety in the Workplace: what your employer should be doing.
If you have concerns about your working environment
Unfortunately not all employers comply with Health and Safety Laws or reduce risks to their workers, which can result in injuries at work. As a worker, if you have specific queries or concerns relating to health and safety in your workplace, talk to your employer or manager /supervisor. You can also speak to your Trade Union, if you have one, or contact the Health and Safety Executive.
If you have an accident at work
If you have an accident at work, make sure you inform your employer. The accident should be recorded in your employer’s Accident Book. If this isn’t done, make sure you – or someone else if you are too ill – make a note of the details of the accident and send a copy to your employer. You should also make a note of any witnesses.
Make an appointment to see your GP or visit the hospital. Even if the injury doesn’t seem too serious at the time, it is important to visit your GP so that there is a medical record of the injury. This might be important later on if you need to claim compensation from your employer or if you need to claim benefits.
Having Time off Work
If you have to take time off work due to your injury, you are entitled to sick pay. This could be Statutory Sick Pay or a larger amount, as stated in your employment contract. You might also be able to claim benefits. Your employer should not cease to pay you if you cannot work due to an injury sustained at work.
Ask your employer for support with your recovery. Many businesses are able to offer care and medical treatment via their individual occupational schemes.
Claiming Compensation for an accident at work
To bring a claim for an accident at work you will need to prove that your Employer’s negligence was at least partially to blame for your injury. In the UK, there is a 3-year time limit within which you can file a work accident claim.
Many employees are scared or apprehensive about bringing a claim against their current employer, but you have every right to do so if they have breached their duty of care to you. Once your employer is made aware of the claim they should either send it to their insurance company or legal representatives to deal with it accordingly. (Your employer should not terminate your employment contract if you bring a claim, and any hard feelings resulting from your claim should be investigated.)
Every compensation case will proceed differently depending upon the circumstances and the reactions of the employers. This can be complicated and so it is best to seek advice from a solicitor, who can help you gather the evidence needed.
Case Study
At Gordon Dean Solicitors we have many years of experience in settling cases for compensation after an accident at work. We also specialise in Employment Law, which is particularly useful in this type of Personal Injury case. We have won several cases involving severe life changing injuries and recovered in excess of £500,000 compensation.
An example of a recent modest compensation case is the £10,100 obtained for Mr McMahon of Great Yarmouth, who has given his permission to provide his name. Mr McMahon came to us after being injured at work by a falling metal plate which pierced his work boot. He suffered an open fracture of his big toe and a severed tendon, requiring surgery. The accident left our client with permanent impairments – restricted movement of the joint, some cold intolerance and decreased feeling in his big toe. In this case, the employer admitted liability. We were able gather medical evidence and instruct an independent medical expert to produce a report which detailed our clients injuries and future prognosis. We used this evidence to support the claim for compensation.
Contact Us
If you have suffered an injury due to an accident at work, contact us for a free initial consultation. We will listen to you, and advise you on your individual circumstances and the best way to fund your case.
“Your health and safety: A guide for workers” also provides further details of your rights and responsibilities – download a free copy here: http://www.hse.gov.uk/pubns/indg450.htm
If you are an employer, you can find information about Health & Safety requirements on the HSE website – find the basics here: http://www.hse.gov.uk/simple-health-safety/index.htm
As well as being injured suddenly in an accident, other injuries at work can include repetitive strain injuries, stress, and industrial diseases. Here at Gordon Dean Solicitors we can also deal with these cases.