Can I Make a Work Accident Claim?

Can I make a work accident claim? It’s a question considered by those who have suffered injury in the workplace, or while conducting their duties, because of an accident that wasn’t their fault; if that’s the case, there is potential for a compensation claim to be made.

If it can be proven the accident was caused by the negligence of your employer in relation to their duty of care, a claim to assist your recovery from the injuries sustained could be possible.

What is a duty of care?

Each employer has a legal duty of care to ensure a safe working environment wherever possible and reasonably practicable. This calls for:

• Risk identification and management to mitigate potential accidents
• Suitable training for staff to avoid injury
• Provision of relevant safety equipment if required.

Your employer should take all reasonable steps to ensure your safety in the workplace. If they fail in this respect, you could claim for any injury caused by an accident that wasn’t your fault.

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What does a work accident claim cater for?

The compensation provided after a successful work accident claim is used to help with the recovery and rehabilitation from the injuries caused by the accident itself. Depending on the nature and severity of the injuries, it can be used to purchase new prosthetic limbs and/or get access to specialist treatment.

There is also scope to claim for loss of earnings too, and other out of pocket expenses, so it’s important to discuss your circumstances with a legal professional.

Can my employer sack me for making a work accident claim?

No. That’s the short answer. By law, they are unable to fire you because you have made a compensation claim against them. In this respect, you are protected by your legal rights and if you feel you have been dismissed as a result of a claim, you may be able to claim for unfair dismissal.

But please be assured your employer shouldn’t go down this route in the first place.

Won’t my employer be affected financially?

Although their insurance premium may go up after claiming on it, the employer won’t be adversely affected financially by a claim for compensation. That’s because they don’t pay the compensation amount, their insurance provider is liable to do that.

Companies will have a liability insurance policy in place to cover themselves should an accident at work occur, meaning their provider facilitates payment.

The company itself may need to invest in aspects of safety equipment, signage, and enhanced training to mitigate future repeats of the accident circumstances but that will be significantly less than a potential compensation amount that can be thousands of pounds depending on the accident.

If you’re considering making a work accident claim, click on the link to find our FAQs page that answers many of the questions you might have.

When thinking about your unique circumstances and whether you’re eligible to make a claim, give our team a call for a no-obligation chat.

We’re here and ready to help.

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