The last thing you want to do after being injured at work is to deal with lengthy and complicated compensation claims. The good news is that the process doesn’t have to be.
This article should help you understand the basics of making a claim, from understanding your rights and contacting an injury lawyer all the way through to getting your compensation.
Table of Contents
What is a workplace accident?
A workplace accident is an incident that occurs in the course of employment and causes injury or damage to property.
For an accident to be deemed worthy of compensation, it must be foreseeable and caused by someone else’s negligence.
If you’re injured at work, you may be able to file a claim for workers’ compensation.
However, if your injuries were due to your own negligence, you won’t be eligible for workers’ compensation because this kind of accident is considered self-inflicted.
Common workplace accident claims
Manual handling claim
Manual handling accidents are injuries caused by carrying loads that are either too heavy or the worker is in an unsuitable posture.
A manual handling incident can result in back pain and other musculoskeletal disorders like repetitive strain injury.
Slips trips and falls claim
Slips, trips and falls on stairs, floors, or wet surfaces can lead to injuries like broken bones, sprains, and strains.
If a floor surface is icy then it must be treated with grit or sand (and marked ‘Wet Surface’).
Employers have a responsibility to make employees aware of wet surfaces and provide suitable safety regulations.
Defective machinery
Any machinery supplied by an employer must comply with current safety standards at all times whilst being used by employees.
It may be necessary for employers to provide training in operating machinery safely before allowing workers access to them.
Machinery should be regularly surveyed and monitored before use.
Exposure to dangerous substances
Exposure to dangerous substances can result in serious illness or even death.
For example, exposure to lead, asbestos, pesticides, and other chemicals can cause cancer and other diseases.
In addition, exposure to extreme temperatures, high radiation levels, and toxic substances can cause long-term damage to your health.
Exposure to violent attacks by customers or patients
Exposure to violent attacks by customers or patients is a hazard at many work sites.
Companies and even individuals who employ somebody in sales or services that require face-to-face interaction with the public should inform them of their right to refuse service to anyone they fear might pose a threat and what legal measures are available to protect them in the event of an assault.
Who is responsible for a workplace injury?
The first step in building a compensation claim is to determine who was responsible for the accident. In most cases, it’s a combination of factors. To make it clear who is at fault for a workplace accident, consider the following:
How do workplace injuries happen?
There are many ways that workplace injuries can happen. Some of the most common causes include:
- Negligence
If your employer or coworker is negligent in some way—for example, they fail to provide you with proper training or protective equipment and then you get hurt while on the job—you might be able to file a personal injury claim against them. - Lack of care/training
In addition to negligence, a lack of care or training can also cause workplace injuries in some cases; for example, if an employee receives no safety instruction and doesn’t know how to operate machinery properly, this could result in an accident at work if he or she tries using the equipment without proper knowledge first.
Do I need to provide evidence for an accident claim?
If you were involved in an accident, you will need to provide evidence to support your injury claim.
Substantiating your claim with proof helps us get you the compensation you deserve.
Depending on the circumstances, you might be able to obtain this proof through photographs, medical records, financial records, and witness statements.
In certain cases, a record of your accident will also be kept by your employer.
Can I lose my job due to a workplace injury?
Employers cannot legally dismiss an employee for making an injury claim. It is within the right of any working individual to report an accident at work without fear of dismissal.
In the case where an employer dismisses an employee for suffering an injury and making an accident at work claim, the employee may be able to file an unfair dismissal claim. It is important to note however that every incident is unique.
In the case where an employee is injured through their own negligence and caused harm to others or property, there may be a case for dismissal.
How much can I claim for?
Accident at work claims are not always simple and the amount granted for each claim varies. The final number is dependent on a number of factors:
Any compensation claim should account for the following:
To determine a relative amount, fill in our free case assessment form and we will help estimate damages on your behalf.
How to make a claim
If you have suffered an accident at work in the England or Wales and want to make a claim, Ross Aldridge solicitors are here to help.
The most important aspect of verifying any claim is your ability to provide evidence. Even in cases where negligence is clear, it can be difficult to prove any wrongdoing without a team of trained professionals by your side.
Our team of personal injury solicitors can help you win your case and receive the compensation you deserve.
Make a claim today
Workplace accident claims are serious, and we have a duty to ensure that you are properly compensated for your injuries.
Ross Aldridge personal injury solicitors are expert advisors on Accident at work claims. If you want to make a claim for an accident at work in Cheltenham or outside areas, contact us today.
