Work accident claims

Despite all employers having a duty of care for their employees, accidents at work are not uncommon. Some workplaces, such as building sites, are hazardous, but regardless of what type of workplace an individual works in, accidents can occur. Accidents can be minor and result in little or no injury, but some can be serious and have lasting effects, whilst in some tragic cases they can result in fatalities.

An employer who fails to comply with health and safety regulations, resulting in an employee being injured can be sued for compensation.

Many employees might worry about making a work accident claim, fearing that their employer may discriminate against them in future. They may even fear being dismissed as a result of a claim. An employer who disciplines or dismisses an employee who has made a claim against them, however, would be acting unlawfully and would face a claim for unfair dismissal. Making a claim against your employer if they have failed in their legal duties is not something that individuals should fear, in fact, it can result in the workplace environment being improved for all employees. Some employers may try to claim that they will suffer financially as a result of a claim, but all reputable employers should have employer’s liability insurance which would cover the cost of any compensation claim. If an employee wins their case, the money will be paid by the insurance company, and not by the employer.

An individual who wishes to make a work accident claim should ensure that the accident has been recorded. An employer should have an accident book for recording accidents which occur at work. Serious accidents which occur at work, such as scaffolding breaking, must be reported by the employer to the Health and Safety Executive. A claimant must keep all relevant paperwork and documents, including receipts for medical treatment and any correspondence between the employee and employer regarding subsequent time off or details of the work injury.

There are many different types of work accident claims, depending on the type of workplace. Individuals who drive for a living may also be able to claim if they have an accident due to the work vehicles not being properly maintained.

The amount that an individual may receive as a result of a successful work accident claim will depend on the type of injury and its severity. At Accident Advice Helpline, we will be able to advise on what an individual can expect to receive. There is a three year time limit on making an accident at work claim, which starts from when the accident occurred.

Returning to work after an accident can be difficult, and individuals may find that keeping in touch with their colleagues whilst they are recovering makes this easier. It is also important that individuals do not return to work too quickly, but should ensure that they are fully recovered. Any work accident claim will take into account the amount of time that was required for a full recovery.

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