Accident at work claims are usually based on the principle of negligence. That is, the failure of your employer to maintain a safe workplace. To make a claim after a workplace accident in Wigan for negligence, you must be able to prove the following elements:
This element is easy to prove as your employer has a duty of care towards you, which means that they must take protect your safety. This duty is enshrined in the law and cannot be delegated to a third party.
- Breach of duty
Once you have proved that your employer had a duty of care towards you, you must show that your employer breached that duty. For example, in a slip and fall case, you must show that your employer failed to maintain a safe floor. Sometimes, proving a breach of duty is easy, because the duty is also a law. However, it might not be so clear, for example, if your employer kept the floor so clean it became slippery.
There must have been a causal link between your employer’s breach and the damages you sustained. You must be able to show that the injuries and/or financial losses you have incurred were caused by the actions (or inactions) of your employer.
To recover compensation from your employer, you must have incurred verifiable damages. For example, if you were involved in a slip and fall, but the accident did not result in an injury, you will not have a claim. Keep in mind, however, that you do not have to have sustained a physical injury; emotional distress and financial losses are grounds for Wigan accident at work claims.
- Statute of Limitations
A limited amount of time can pass between your Wigan accident at work and the filing of your compensation claim. This time limit, called the statute of limitations, is usually three years, starting from the date of your accident. If you fail to make your claim in a timely manner, you must be able to show that you have a good reason for bringing your claim outside of the time limit.
Workplace accident in Wigan
For help with a claim after a workplace accident in Wigan, contact us at Accident Advice Helpline for claims’ advice from our experts.
You can contact us at any time, day or night, every day of the year without exception so why not call or text us now?
Call us from a landline on our freephone number, 0800 689 0500, or, to call from a mobile, ring us on 0333 500 0993.
If it is easier for you, we will ring you to discuss how we can help with your potential claim. All you need do is send us the text message “claim365” to 88010.
So call or text us at Accident Advice Helpline now for expert legal advice about your potential claim.
Date Published: 18th November 2014
Author: Jan Newell