If you’re hurt at work or at a job creating illness, you may feel a conflict between the loyalty of employers and the necessity of looking at yourself. If you’re contemplating filing a work accident compensation claim it can be confusing to know what to do and how to proceed with the correct manner to ensure that everyone is satisfied with the way in which a claim is settled. Knowing your rights under the law as well as where you stand, and the obligations of your employer and will allow you to understand the situation better and avoid any miscommunications.
My workplace accident has left me injured What are my rights?
In the UK In the United Kingdom, you are entitled to the same legal rights regardless of whether you’ve suffered an injury at work, or suffer from an illness that is related to work, or have a condition like carpal tunnel syndrome, as an instance. It is crucial to be aware of your rights, to ensure that you are able to take care of your recovery and work in the future.
The law states that all employers are required to take a certain amount of care to safeguard the health and wellbeing of their employees no matter what you are employed by or what you’re doing, from offices to construction sites to privately-owned care facilities to the NHS and more, regardless of whether you’re a temporary worker for an agency or full-time employee, or self-employed.
If it can be proven your employer’s negligence and you have been injured because of it one of your rights is to file an individual claim for injury. If you’re looking to file a make a claim due to an accident that occurred on the job, our professionals will swiftly inform you whether you’re entitled to a claim.
Here’s a simple strategy you should be following if you’re hurt at work or are thinking of the possibility of filing a claim
Seek medical attention
If your employer attempts to stop your from seeking medical treatment it is in violation of law and acting in a way that is not legal. Many workplaces will have an official designated to provide first aid when there is injury. It is recommended to see this person but make sure you go to your GP or the local A&E department. In the same way, if you have an illness you must first see your GP.
Keep track of the accident details
In the event that you’re dealing with an occupational sickness, make sure that your employer is informed of this. If you’re injured while at workplace, be sure to keep the information in the accident log of your employer.
If you’ve not done this yet, don’t be worried we’ll assist you do it.
If your employer doesn’t report the incident or allow you to access the accident record, there’s steps you could take. In general, entries for accident books should be completed within a matter of minutes, and the party who suffered the injury should be able to contribute to what’s written and only sign the entry after they are pleased with the manner in which the incident was recorded. If applicable, prior complaints or remarks from management to staff regarding possible hazards related to the incident in question must be taken note of.
The injuries must be explained and the cause of the injury identified. For instance: “Joe has suffered a severe laceration on his right hand and three fingers following it got stuck in the cutting machine that was on the floor of the factory. The safety guard was damaged and was not fixed despite the personnel notifying Management of the problem. The ambulance was called and Joe was taken to Hospital to be treated. The incident was disclosed by Management”. The party who suffered the injury must request an exact copy of the accident entry.
Don’t worry that reporting an accident could harm the image of your business. Your employer is accountable for your security. Reporting the accident immediately to your employer will assist them prevent accidents like this in the future by taking appropriate safety measures.
In the event of an accident, your employer is legally obliged to report the incident through RIDDOR and the Incident Contact Centre within the HSE. Since your employer is accountable for reporting the incident to the HSE You should be sure to verify that it has been reported.
Confirm your sick pay
Some employees may not be paid full-time if they are on sick leave from work. typically, your employer will place the employee onto Statutory Sick Pay (SSP). While SSP isn’t exactly an income that is living however, it may be enough to get you by. Check to see if your employer has signed up you to SSP. If you’re not sure then you can call the local office for benefits.
Being aware of your rights is crucial If you’ve suffered an injury by a workplace accident that wasn’t at fault, you are entitled to compensation to cover your sick pay and to cover the costs.
Make sure you attend medical appointments
If you’re returning to work and you are still receiving outpatient treatment for injuries, for example, regular check-ups or physiotherapy with an expert the employer must allow you to participate in the same.
It is important to take your time recovering
The time you take off from your job to assist the healing process will not only help you reduce the time you’re injured, it will can also help your employer by allowing you to return to your full tasks as soon as you can. Should your boss is trying to force you to return to work if they wish to remain in your position it is recommended that you get legal advice on the issue. Unfit employees are danger to the company and not only could you put at risk your health by hurrying into work but may be putting at risk that of the wellbeing of coworkers.
Seek light duties
Moving away for a short period from the circumstance that is causing the issue may assist. This is applicable to mental injuries, like stress, in addition to physical injuries. If your job typically includes physical work, like heavy lifting and carrying, or climbing, or sitting for prolonged time the employer is to allow you (where feasible) when you return to work with less responsibilities until you are fully recovered. It may be that you normally perform heavy lifting in your role, however an injury to your back will stop you from doing so for a period of time. So, if your employer allows you to work at their office for a couple of weeks to perform lesser duties, you could return to work and make the same pay.
Claim injury compensation
You have the right to file a workplace accident claim if you sustain an illness or injury while at work which is the result of the negligence of your employer. They are legally responsible to provide an appropriate and safe working environment for employees and to avoid injury-related injuries that are foreseeable that are psychological or physical.
An effective personal injury lawsuit could see a person get a settlement to cover their injuries, ongoing care as well as for particular damages, which cover the financial loss, such as loss of income.
Have you got the power to be able to file a claim against a work-related injury?
If you’ve suffered an injury at work, it doesn’t guarantee that you’re eligible to file a claim for compensation for personal injuries. The employer has to be the one to blame. In most instances it’s relatively simple for us to determine the probable outcome of an action. We’ll determine whether it is possible to prove your employer is responsible for your injury, and failed with their duty to care and thus liable for compensating you for your injuries as well as any other losses you might suffer.
Every accident is unique to the circumstances and therefore, no two cases are exactly the same. Therefore, it is essential to seek out expert guidance to determine whether you’ve got an actual claim. There are a few fundamental guidelines that will aid you in determining your position on the strength of a claim:
Did you receive proper training? (this may be related to manual handling or any other specific training for your job).
Did you receive an induction into your workplace? It should include guidelines on the best practices for managing accidents and safety exits, hazards avoidance , etc.
Have you been provided with or instructed on the right PPE for your work in a safe manner?
Did your employer permit you to use faulty equipment?
Have you been told how to report your injuries and how to get access to an accident guide?
Was your environment safe? For instance did it not contain dangers that could cause an accident at work?
Did your employer respond to the reports about potential risk for employees?
There are many ways that an employer could be held accountable. Check out the questions at the end of this article to find instances of actual work-related accident claim scenarios.
Threats to pressure employees – employer pressure are in violation of the law
One of the most common concerns for many people is how submitting an injury claim could affect their employer. This worry is often played into and we are aware that you may be under pressure from your employer not to pursue claims to recover compensation for personal injuries.
Employers who are liable because of their negligence for accidents that happen at work have no right to stop employees from filing an action.
In fact, the law recognizes this fact and protects your rights in these ways:
It is not legal that your company can dismiss you in the event of a complaint being under consideration or is being made or being considered. If they do, you could have a legal claim to be dismissed unfairly.
Similar to that, if your employer makes threats or pressures cause you to quit work, you could be able to claim constructive dismissal.
In such a case it is recommended that you seek advice from a lawyer or your local citizens ‘ advice bureau.
The choice of whether or seeking compensation lies on the employee who has been injured. If the injuries are not serious that will not create permanent problems and the worker can continue to work and not lose their wages and earnings, they could decide they don’t intend to file an action for compensation. If the injuries are more severe and a loss of work an injury, exercising your right to file a claim for damages is your only choice for the majority of individuals.
Copyright Reseau Actu.