27 Jun 2016

Accident at Work Compensation - Know Your Rights

Have you ever wondered why you were required to attend health and safety training when starting a new job? Your employer has a legal duty to ensure that you are not at risk while in the workplace, and to keep you informed about any health and safety issues that could have an impact on you.

While many people enjoy a risk-free working environment, a significant number of people are affected by health and safety issues in the work place every year.

The Royal Society for the Prevention of Accidents (ROSPA) states that there are around 13,000 deaths per year as a result of past exposure to damaging working conditions.

On top of this, 142 workers were reported to have been fatally injured at work between 2014-2015, and 611,000 self-reported non-fatal work place injuries in the same period.

Would you know what to do if you were in an accident at work? We look at who is responsible for accidents in the workplace, and what to do if you’re involved in one.

How to Report an Accident at Work

Your employer should keep an accident book in which all accidents that take place at work can be recorded.

An accident book provides a useful record for both employers and employees. It can help similar accidents from recurring in the future, and can also be important in assisting with making a claim for accident at work compensation, should the employee need to take time off work due to their injuries.

The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations state that your employer should report serious work-related accidents, diseases or incidents to the health and safety body at your local council.

This could include anything from deaths, to serious fractures, gas leaks, or any other circumstances which have a prolonged impact on an employee’s ability to conduct their role.

Who Should Take Responsibility for an Accident at Work?

It is important that your employer takes steps to ensure that you are not at risk in the workplace. If they expose you to unnecessary risk, they could be deemed to be negligent. In order to avoid this, there should be regular risk assessments carried out.

Claiming Accident at Work Compensation

Following an accident at work, you may consider making a personal injury claim, in order to gain compensation for your injuries, and cover yourself for any loss of earnings you might experience as a result. Winn Solicitors can assist you with obtaining compensation on a no win, no fee basis.

What to do if you have an accident at work:

• Report the accident to your employer
• Seek medical attention
• Make a note of any witnesses
• Write an account of what happened
• Keep a record of any photos, or other details of the accident
• If you’re not sure who was responsible for the accident, avoid admitting fault before seeking advice from a legal professional

Accident at Work Compensation - Case Study

Our client was working as a sales assistant/supervisor in a well-known high street retailer when she slipped on a kimble tie – the piece of plastic that ties shoes together.

Our client suffered significant injuries to her right wrist. This included a fracture to her right wrist which took 3 months to heal, however it then became clear that she had also damaged the soft tissues in her wrist. She required several MRI scans, rehabilitation including surgery on her wrist to help her recover from these symptoms and by three years from the date of accident the worst of her symptoms had resolved.

However our client will continue to suffer from permanent symptoms in her wrist including ongoing pain and discomfort, as well as a 10-15% loss of function, including the ability to lift anything heavy.

In addition to this serious injury, our client also suffered from a minor neck injury as well as a psychological injury, which took 18 months to resolve.

Testimonial

“The service I received was great. I was informed of what was going on, and felt like if there was something I wanted to know all I had to do was give my case handler a ring. Alix and Paul dealt with my case, and when I met them face-to-face they really put me at ease.

The amount of compensation I received was more than I had expected. I was over the moon with the amount I got rewarded, as it will make a positive impact on my life. I will definitely be recommending Winns to my friends and family, should they require a similar service.

I would like to thank Alix & Paul for dealing with my case, and ensuring that I received the compensation that I deserved. Thanks, guys – you were great!”

FAQ

Can I claim compensation for an accident at work?

You may be eligible for a claim of this type if you have been involved in an accident that wasn’t your fault on work premises. There could be scope for a compensation claim as the company has a duty of care to employees to ensure their safety and mitigate risk as much as possible. If accident liability lies with the company, you could potentially make a claim.

How long does it take to get compensation after an accident at work?

This varies from case to case as it is based on the nature of the accident, the severity of the injuries, and the potential complexity of the claim. It’s important to discuss your circumstances with one of our legal team. This free, no obligation chat will provide greater clarity on timescales and next steps.

Who pays compensation for an accident at work?

Some people may feel unnerved at the prospect of making a claim against their employer. However, what they may not realise is the employer does not directly pay for the compensation after a non-fault accident. Each employer is required to have specific insurance that caters for the fall out of an accident on site. The money secured for personal injury compensation will come from the employer’s insurance provider and not the company itself.

Can I claim for a minor injury at work?

This depends on the nature of the accident and the impact the injury has had on your day-to-day life. By giving our legal team a call, you’ll get a clearer picture of your options moving forward.

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