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Accident At Work
If you have been injured at work in the last 3 years, you may be entitled to claim compensation. You can claim for any physical injuries you may have suffered, or any work-related illnesses.
Having a job and an income is how many of us live our lives. Being injured at your job can be a worrying time. Not only do you have to focus on your injury and recovery, but you also have to deal with the financial burden of not being able to work.
Your injury can cause you to take a short- or long-term leave, or in severe cases you may not be able to return to your job at all. Not only will this be stressful for you, but also for the people around you who’s assistance you may require for day-to-day life.
By not being in a job, you risk being left out of pocket making it impossible to keep up with bills, mortgage payments or even shopping.
Having an accident at work tat is not your fault should not leave you suffering and struggling. Contact our advisors today on 0121 8276 446 to discuss how we can assist you.
What are the most common workplace accidents and injuries?
An injury in the workplace can occur for many reasons. These can include:-
- Equipment not being maintained properly.
- Lack of PPE (personal protective equipment).
- Weak/no risk assessments.
- Spillages which have not been correctly dealt with.
Some of the most common injuries in the workplace are:-
- Being injured on machinery- this can range from cuts to the loss of a body part.
- Slipping/falling- whether that is at ground level or falling from a height. This can range from soft tissue injuries to fractures.
- Violence in the workplace- this can be assaults which cause injury.
- Loose objects- this can be injury caused by a falling object which can cause head injuries.
There can also be some further risks to your health at work. These can include:-
- RSI (repetitive strain injury)- this is an injury due to repetitive movement and is felt in the muscles, nerves, and tendons.
- Inhaling toxic gases or fumes- this has an effect of the respiratory system and can make you very sick.
- Industrial Deafness: this is caused by constant exposure to loud noises, and lack of protection from it.
If you have suffered any of these, call our specialist advisors today on 0121 8276 446 to see how we can assist you.
What if I work in a high-risk industry?
Although many accidents at work are preventable, it is impossible to avoid every single one of them. Some jobs hold more risk than others, for example construction work would be considered very high risk.
Where the procedure has been correctly followed, accidents are usually avoidable. However, there are still some accidents that can happen, such as:-
- slipping or falling on a spillage that has not been cleaned properly.
- Being exposed to toxic fumes or materials without the correct safety gear.
- Injuring yourself on equipment that has not been properly maintained.
If you have been injured as a result of any of the above, please call our specialist advisors today on 0121 8276 446 where they will be able to provide you with more advise and information on how you can proceed.
What happens after a workplace accident?
If you have been involved in an accident at work, before doing anything else it is vital that you seek medical attention. Not all injuries are visible, so for your own safety you should always have yourself checked out.
After you have sought the necessary medical attention, there are a few further steps to take:-
- You must ensure that the incident has been reported to the relevant person, and a manager, and the that they have made a log of the incident.
- If anyone witnessed the accident, take statement from them of what they saw. If you are unable to do this, ask someone to do it on your behalf.
- If you are a member of a union, tell your Union Rep.
It is the duty of the employer, under RIDDOR (Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013) to report all serious injuries, occupational diseases and dangerous near misses to the Health and Safety Executive (HSE). HSE will investigate ant cases reported to them.
If you have to take time off work due to your accident, then you may be entitled to Statutory Sick Pay (SSP). If your accident leaves you severely ill or disabled, then you may be entitled to Industrial Injuries Disablement Benefits.
Please call our specialist advisors today on 0121 8276 446 where all the information can be further discussed.
Do I have grounds for a work-based compensation claim?
An injury in any type of workplace is possible if the company is not following the correct procedures, not correctly maintaining their equipment, or not providing the correct training to their staff.
Many people will not be aware of how serious the injury is. These can be caused by everyday tasks such as manual handling, which can cause a severe back injury.
To decide if you have suffered an injury at work, you can do a rough assessment yourself:-
- Are you receiving ongoing medical treatment following an illness or injury.
- Are you constantly seeking medical advice for any pains or conditions.
- Have you had to take time off due to pain or an illness
- Are you struggling with simple daily tasks due to pain.
If any of these apply to you, then you may have grounds to claim compensation for a workplace injury.
The compensation can assist both mentally and physically. Not being able to work as many hours, or constantly having to take time off can have a serious financial affect on you. In some cases, your solicitor may be able to request an interim payment on your behalf. This is a part payment of the settlement, which can be used to assist you if you are struggling.
For further information on how we can assist you in making a workplace compensation claim, call our specialist team on 0121 8276 446.
How long does it take to make an injury at work claim?
The duration of a claim depends on many different factors. This includes the severity of your injuries and the nature of the accident. It can range from around 6 months to 2 years.
If your claim is straightforward where liability has been admitted and you have suffered minor injuries are recovering well, this can be settled in under a year, usually between about 6 and 9 months.
If your case is more severe, where you require multiple medicals and treatments, and it needs to be deeply investigated due to the severity of your injuries, this may take about a year or 2, however it is possible that it can sometimes take longer.
How long it will take can usually be discussed with the solicitor in the initial call, after they have reviewed the information that has been provided to them. However, this will only be an estimate.
What types of accident at work injury can I claim for?
Any accident at work, which was not your fault, can be claimed for. A few examples of this are:-
- accidents that have happened in an office.
- Accident that have happened on a construction site.
- Accidents that have taken place in a warehouse or factory.
- Farming and agricultural accidents.
If you have been involved in an accident that is not on the list, do not worry you may still be able to claim for this, and we will be able to provide you with further information and advice once you have spoken to us.
Employers are legally required to be responsible for your wellbeing at work. This means doing all they can and taking the correct measures to protect you at all times. They must ensure your working space is safe for you to work in. if they have not made sure of this, then they can be held responsible for the consequences of putting you at risk.
Can I claim for occupational illness or disease?
You can make a claim for an occupational illness or disease. Thousands of people suffer from an occupational illness or disease each year. Not all illnesses are new though, as sometimes it may be a case of an illness or condition being aggravated by the workplace.
The workplace must be in a safe and satisfactory condition for employees to work in. if it falls below the requirements, resulting in a negative impact on you, then you may be entitled to claim for compensation.
Some examples of an illness or disease can include:-
- Respiratory or lung infections or diseases due to toxic fumes or substances.
- Muscular injuries or disorders due to restricted positioning of the body.
- Noise induced hearing loss due to sudden or loud sounds.
- Any kind of occupational cancers.
If you have suffered any of the above, or even something which has not been mentioned, please contact our team today on 0121 8276 446 where you can get further information and advice. The time limit to make a claim like this is 3 years from when you have noticed the symptoms, or when the condition has been officially diagnosed.
What happens during a workplace accident claim?
If you have suffered an accident in the workplace, we are on hand to provide you with all the support and information you need. Once you have provided us with all the details, we will be able to advise you further on weather you have grounds for a claim.
Once you have agreed for us to begin work on your claim, you will be put in touch with one of our specially selected solicitors. We will never pressure or coerce you into making a claim.
In support of your claim, there are a few things which you can do. This can include:-
- Speaking to anyone who witnessed the claim and ask them to write down what happened.
- Where possible, take photos of the scene/machinery/spillage as evidence.
- Keep a log of your injuries.
- Keep a log of any financial losses
Once you have signed all the documents from the solicitor, they will then be able to submit the claim on your behalf to the insurance company for a liability response. They will also be responsible for arranging a medical examination and arranging any recommended treatment on your behalf.
If liability has been admitted on your case, then negotiations for settlement can be discussed. Should there be any disputes in liability, or a struggle to reach a settlement figure, then your solicitors will issue court proceedings. It is possible for the case to settle before reaching court even after court proceedings have been issued.
In cases where the injuries are particularly serious, the accident may be investigated by the Health and Safety Executive. Although they may take a while to investigate, you can still begin your claim while they investigate.
What do I need to prove in an accident at work claim?
If you have had an accident at work, you will need to prove that it was not your fault, but the fault of the employer due to negligence.
Once the accident has happened, you must ensure:-
- The accident has been reported in the workplace and been officially logged.
- You have sought immediate medical attention.
- You have photographic evidence of the scene/machinery/spillage, or anything that caused the injury.
- You have taken details of anyone who witness the accident.
- You keep a log of all financial losses.
What is contributory negligence?
Contributory negligence means you are partially at fault for the injury. However, even in this case you may still be able to make a claim for compensation.
Accident at work compensation examples
In some cases, an accident at work may be down to both parties. this means that both sides are somewhat to blame, although the blame may not always be 50/50. For example, it is possible for the blame to be 70/30. This means, if a claim is worth £20,000 and the final decision has been made as 70/30 in your favour, then the compensation would be £14,000 before deductions.
Can I claim for an accident at work that was my fault?
To make a claim for an accident, the fault must lie with someone else. If the accident and injury is fully down to you, then you will not be able to make a claim.
I had an accident at work. What are my rights?
It is the responsibility- and legal requirement- of the employer to ensure that both you and the working environment are safe. By not ensuring this, they are putting you at risk.
They have a duty of care towards you, and failure to properly execute this can cause you injury or illness. If this is the case, then you are well within your rights to seek full compensation from them. If you choose to do this, this cannot affect the relationship between the employer and employee, nor can your job be put at risk because of this.
Can I be dismissed after an accident at work?
You are entitled, and within your rights, to make a claim for compensation following a workplace injury that was not your fault. We recognize the concerns when going ahead with this, as many people fear for their job if they chose to put in a compensation claim against their employer.
If you make a claim against your employer, then as per the law states, you cannot be sacked for this. Your employer has a duty of care toward you, and if they have failed to maintain this, you should not have to suffer the consequence.
If your employer does sack you because of this, then this is grounds for an unfair dismissal case. If the employer attempts to make things difficult enough for you that you choose to leave, then this is grounds for constructive dismissal case.
For further information or advice regarding dismissals, contact our specialist team today on 0121 8276 446
How much work injury compensation could I claim?
It is difficult to determine exactly how much compensation you are entitled to before the details of the claim have been fully assessed and you have attended your medical examination.
There are several factors which are taken into consideration when determining this. This can include:-
- How the accident has affected your daily life.
- How severe your injuries are.
- How much you have to rely on the people around you.
- The treatment you have had to undertake.
To learn more about the amount of compensation you may be entitled to, please call our specially trained advisors on 0121 8276 446, where they will be happy to answer any questions.
How do I pay for a work accident or illness claim?
The cases will be dealt with on a no win no fee basis. This means there are no upfront costs. If your case is successful, then the costs will be paid for by the third party. Any costs not covered by them will be deducted from your final compensation. This maximum deduction will be 25%, it may be less than this, but it will never be more.
Your solicitor will recommend a special insurance to put into place for your protection. Therefore, if you lose the case, providing you have been honest and co-operative throughout, you will not be charged.
In some instances, you may already have the legal insurance in place with car or home insurance. The solicitors will be able to check if it covers accidents at work. Alternatively, if you are a union member, they may provide you with legal insurance. The solicitors will investigate this before they submit your claim.
Who pays compensation for an accident at work?
Compensations for accidents at work are paid out by the employer’s insurance. The negotiations and discussion regarding your claim are done via the employer’s insurance, not with the employer.
In some instances, you may be offered an early payment, or pre-medical offer. This pay out is usually significantly lower than what you claim is worth.
To further discuss pre-medical offers, call us today on 0121 8276 446 where we can offer you with all the information you need.
Can I claim for an accident at work if working on a zero-hour contract?
Yes, The same laws apply. If you have had an accident at work that was not your fault, you are still entitled to claim regardless of the zero-hour contract. If you are fully at fault for the accident, then you will not be able to claim.
Can I claim for an accident at work if I am a self-employed contractor?
Yes. As a self-employed contractor who is doing work for a third-party company, they are still legally obliged to look after you.
When does the Health and Safety Executive (HSE) investigate workplace accidents or occupational illnesses?
The HSE will investigate serious accidents such as fatalities, serious injury including broken bones or loss of limb, or occupational diseases.
The HSE provide workplaces with advice, conduct inspections, and investigate serious incidents. The employer is required, by law, to report all serious incidents to the HSE, and can be fined if they do not. the HSE will generally only investigate the incident if it is considered serious.
If you are making a claim, you do not have to wait for the HSE to finish their investigations before you go ahead.
What are the time limits for claiming?
The time limits of making an accident at work claim are 3 years from when you first begin having symptoms, or from when the injury or disease has been diagnosed.
In exceptional circumstances, such as brain trauma where the person is unable to bring a claim forward sooner, they may have more time.
In cases such as having an accident oversees, the time to claim may be reduced. This can be discussed with us further by calling 0121 8276 446.
Accidents at work can be particularly dangerous due to their high risk. If a place is not properly maintained or the correct training is not given, this can have severe consequences.
When can I return to work?
Retuning to work following an accident varies on a personal basis depending on how well and quick you recover. Going back to work as soon as you are well enough can help reduce the amount of loss you may suffer. However, going back to work before you are ready and well may cause you further harm.
Even after putting a claim in against your workplace, they are not allowed to single you out or treat you unfairly for this. They cannot dismiss you for the claim. This will put them at further risk of cases against them.
What are the reasons for my claim being denied?
There may be a circumstance when your claim has been refused or denied. This can be down to a few reasons such as:-
- Lack of evidence to prove what happened.
- Not meeting deadlines for the claim.
In some cases, your employer may deny liability for the accident, which means they believe they are not at fault. Even with this, they may make an offer on a ‘without prejudice’ basis. This means although they are not accepting liability, they still want to settle your claim. If you refuse this offer, there is a chance your claim may not be successful in reaching settlement.
If you have been injured in an accident at work and would like more information and advice, call us today on 0121 8276 446, where one of our specialist advisors will be happy to discuss things with you.
Suite 14, 94-96 Bell Lane, Marston Green, B33 0HX
0121 8276 446