Will I get fired if I claim against my employer?
Typically, work accident claims against an employer are dealt with by your employer's insurance company so it is highly unlikely that you will lose your job or be victimised as a result. Any such action by an employer would mean that you would then have another reason to take your employer to court.
All employers are required by law to guarantee that they have carried out a full risk assessment with regard to health and safety in the workplace and that they have observed every reasonable measure to reduce the risk of injury to their workers. The law also states that they must be fully compliant with all of their health and safety regulations as applicable.
However, accidents can happen at work and if the injury has been directly or indirectly caused by negligence or an oversight on your employer's behalf, you may have the right to claim compensation.
What might constitute a claim?
According to the law, your employer has a legal duty to provide you with a safe and secure working environment. They must make sure that you have appropriate materials, equipment or tools. If you work alongside other people, it is your employer's duty to make certain that your co-workers are competent to carry out their duties without posing a risk. They are also required to guarantee that you have received all the necessary training and supervision, as required, before carrying out your job.
If you have slipped on a wet floor and hurt yourself where there are no clear signs posted you may be entitled to claim compensation, even if it was not the direct fault of your employer. Similarly, your employer would still be liable to pay you compensation if you were injured because of a co-worker's negligence, something they may have done or even forgot to do. However, if the injuries were sustained following a physical attack by a fellow worker then that is a matter for CICA.
What can I claim?
If you were forced to take time off following the injury then you may be entitled to claim compensation for loss of earnings. If you are unable to work again as a result of the injuries, you might claim for loss of future wages which could be a substantial amount.
Updated on 29/01/2009