If you suffer an injury at work due to health and safety breaches, you may well be able to make a claim for compensation against your employer. The Health and Safety at Work Act 1974 has been in operation for over four decades and all employers are obliged to ensure you work in an environment that does not threaten your wellbeing. Where dangers do lurk, the correct safety equipment, including such things as guards on machinery, must be provided.
Where health and safety is breached and an employee suffers an injury, the employer may find themselves prosecuted by the Health and Safety Executive (HSE). Should the prosecution be successful and you are the injured party, you could be in line for a compensation payout following a successful claim.
If you do find yourself in the position of making a claim following health and safety breaches, you are advised to seek legal advice and representation. At Accident Advice Helpline, we have skilled legal teams who are highly experienced in dealing with such claims.
In order to make a claim, you must not have been responsible for the incident that caused your injury. The onus on health and safety applies just as much to employees as it does employers. Even if there are doubts about your entitlement to making a claim, our advice is to still make contact with us. We have an 0800 free to call helpline, plus the initial consultation is always free.
If your claim is justified, you should have no fears in claiming it. Your employer should be covered by insurance, so a successful compensation claim will not threaten the future of the company. It is also unlawful for your employer to fire or victimise you for making an injury at work claim.
Even if your employer was successfully prosecuted by the HSE for health and safety breaches, you will probably still have to prove entitlement for compensation. Our solicitors here at Accident Advice Helpline will be able to advise and help you with that.
The names and contacts of anyone who witnessed the incident/accident will be useful, as they will be able to provide evidence. Similarly, details of your injury should have been entered in your workplace accident book. The doctor’s report on your injury will be vital when we put your claim together. The severity of the injuries could determine the size of any payout.
The aim of a claim is to cover you for any monetary loss or additional expenses following your injury. These will include loss of earnings, additional expenditure, such as prescription costs, payment for therapy, and where the injury is very serious, any necessary alterations to your home.
Many people with justifiable reasons for making a personal injury claim are loath to seek legal advice and representation because they are afraid of being left having to pay legal costs if the claim is unsuccessful. At Accident Advice Helpline we work on a no-win, no-fee* basis. This means if your claim is lost you will not have to pay our fees. To discuss your claim with a member of our expert team dial 0800 689 0500 now.
Date Published: December 29, 2013
Author: David Brown
Category: Health and safety at work