What you should know about accident at work claims

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If you have had an accident at work you are not alone. Work accidents are very common. In fact, according to the Health and Safety Executive, there were 581,000 non-fatal injuries to workers in 2018/2019.

Why do accidents at work happen?

There are many ways in which accidents and injuries can occur at work:

• A fall from height
• Exposure to chemicals
• Military accidents
• A failure to provide appropriate equipment
• A failure to ensure a safe place and/or a safe system of work
• An accident on a building site
• Injuries as a result of inadequate training or supervision
• Injuries caused by lifting heavy weights
• Injuries from defective equipment
• Electric shock

Who is at fault if I have an accident at work?

It will come as no surprise to most people that every employer, no matter how big or small, owe their employees a duty of care and are responsible for their health and safety at work.

This is the law and employers must provide adequate training and offer health and safety advice to avoid injury or illness at work.

What are my rights if I’m injured at work?

If you are injured at work or have become ill as a result of your work, and it was not your fault, then you may be able to make a personal injury compensation claim against your employer.

One of the most common concerns among potential claimants when thinking about making an accident at work claim is what their employer will think if they claim compensation.

The simple fact is that all employers are compelled by the Employers’ Liability (Compulsory Insurance) Act 1969 to have an insurance policy in place to cover these types of claim.

What this means is that while the Defendant will be named as your employer, any compensation and costs payable to you will come from their insurance policy.

You should not be penalised or sacked for making a compensation claim against your employer. There is employment law in place to protect you if your employer treats you unfavourably or terminates your employment as a result of your accident at work claim.

What is Employers’ liability insurance?

Employers’ liability insurance protects businesses against the cost of compensation claims. For most businesses in the UK, it is a legal requirement and not having adequate cover can lead to significant fines.

How to make a work accident claim

At Novum Law, our personal injury solicitors specialise in work accidents and work-related illnesses, such as diseases caused by exposure to asbestos.

If you have been injured in an accident at work, it is useful to have as much evidence of the accident as possible when considering a claim for damages. You should try to:

• Complete an entry in the accident book
• Report your accident and injury to your manager
• Take photographs
• Speak to anyone who may be able to give a witness statement
• Seek medical attention so that there is a medical record of your injury

If you don’t manage to complete the above steps, it does not necessarily mean you cannot make a claim. If you are unable to obtain any documentary evidence, your personal injury solicitor will be able to obtain this through a process known as ‘disclosure’ when pursuing your claim.

What does compensation cover?

Our serious personal injury team will always attempt to recover as much compensation for you as possible.

There are many types of financial loss that we can pursue as part of your claim.

These include damages for any pain, suffering and loss of amenity, past and future loss of earnings, miscellaneous expenses such as postage, parking, prescriptions, travel and the purchasing of items along with recovering money for care and assistance that you have received (whether provided gratuitously or by private carers) and any private medical treatment that you may need.

Are there time limits for making an accident at work claim?

Generally, you have three years from the date of your accident to make a claim, but in cases that involve childhood accidents or industrial diseases, you may have a longer time period to pursue a claim, so it is worth speaking to a specialist personal injury solicitor as soon as possible.

Contact Novum Law today

We offer no win no fee compensation claims which means there is no financial risk to you in the unlikely event that your claim is unsuccessful.

You can call us today on Freephone 0800 884 0777 for a free, no-obligation chat or complete our online enquiry form to request a callback.

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