What do I need in order to make an accident at work claim?
An accident at work is defined as an external, sudden, unexpected and unintended event during the execution of work which causes damage to the health of or loss of the life of the employee (the insured.)
For your accident at work claim to qualify, there must be a relationship (direct or indirect relationship of cause and effect) between the accident and the workplace.
Only if the accident occurs due to ‘wilful misinterpretation' on the part of the employer then they are under an obligation to compensate the victim.
What types of work accidents are there?
It is estimate that one million people in the UK suffer injury at their workplace every year, the majority of which could have been avoided.
Although Health and Safety in the workplace has improved and constantly monitored employers, there is still a high risk of a work accidents in most professions.
The most common work accidents include lifting and carrying, falling from height, road accident, slips/ trips/falls, burns, back/neck injury, repetitive strain injury, training and safety equipment, disease, deafness or long-term injuries.
Employer's responsibility:
Employers have the duty to make sure their staff members are safe. Work places have to follow strict health and safety regulations and if your employer fails to do this then your case for compensation is much stronger.
Your employer has to carry out a risk assessment and take care of safety regulations. This includes deciding how many first aiders there are and what kind of first aid equipment is provided.
Employees have insurance to cover legal fees against work accidents. Your employer should place a certificate with the name of their employer's insurance company where it can be seen at work, if not they must give you the details if you need them.
In most cases, if you need time off because of an accident at work, you'll have the right to statutory sick pay. Your employer may have a scheme for paying more for time off caused by accidents, or may decide to pay extra depending on the nature of the incident.
What do you need to make a work accident claim?
You can claim compensation for a work accident that occurred up to three years ago.
To claim for a work related injury you will need some evidence to prove that your injuries were the result of an accident or working practice in your workplace and was not your fault. This can be in the form of witnesses, employer's logs, previous similar incidents or ambulance attendance at the scene.
You will normally need an injury lawyer to represent you. If you belong to a trade union, you may be able to use their legal services. If not, you should speak to a personal injury lawyer, our lawyers work on a ‘no win no fee*' basis.
Remember, your employer has a duty to protect you and tell you about health and safety issues that could affect you.
Updated on 29/01/2009