One of the most common places that people suffer injuries that are not their fault is in the workplace. Simply by virtue of the huge amount of machinery and equipment that is used across both the private and public sectors, it is unfortunate but true that accidents are naturally going to occur. However, many of these accidents are preventable and occur as a result of employer negligence. If you have been injured in such a way, then you will be entitled to claim some compensation. Many people fail to claim the compensation they deserve, because initially approaching your employer regarding this can be awkward and daunting. To help make this easier, we have detailed below the best way to approach your employer regarding your claim.
Firstly, it is important that you take the time to make sure that both your employer and yourself have met the obligations placed on you with regard to reporting the accident. In the UK, it is considered an employer’s legal responsibility to report any serious injuries or fatalities to the Health and Safety Executive, the governing body responsible for making sure that workplaces are kept safe. You are therefore responsible for telling your employer that the accident has occurred, because they cannot uphold their duty to report it if they do not know about it. If either you or your employer fail to meet these basic obligations, then you are breaking the law – and this could render any potential claims null and void.
Secondly, you should discuss openly who was responsible for the accident occurring. Naturally, this is oftien the main area of dispute, with many firms not wanting to accept responsibility for a serious incident. During this part of the process, it is important to remain calm and professional, even if you are distressed about the incident. As long as you are calm and honest about the accident, many companies will be prepared to accept responsibility and to help you deal with the problem without it ever having to go to court. This outcome is far a less likely if you go into the discussion furiously hurling threats at your employer, or making unreasonable demands. If you feel that the accident was entirely the fault of the employer, then be firm – but always act reasonably.
As soon as you are able, you should chase up your employer’s communications with the Health and Safety Executive to find out if any further action has been taken. It is important to ensure that you are pro-active in tackling the problem, as this will show later on that the accident was serious enough to warrant you dealing with it properly. It will also mean the HSE are able to confirm that you did what you could to make sure that the matter was dealt with professionally.
If there is still a strong dispute with your employer after these initial steps have been taken, and they have made no attempt to work with you to rectify the situation, then you should take further steps to bring a legal case against your employer. Call a specialist solicitor and have them go over the details of the accident with you. It is important to remember, though, to take the above steps first – this will demonstrate that you have been consistently reasonable and will present a positive impression as the claim goes through.Open Claim Calculator