So – here’s the answers for your convenient digest:
Q: Can You Claim?
If the accident was not your fault, then perhaps you can. If the accident is a direct result of your employers’ negligence, then you can definitely make a claim for compensation. If you’re at work when the accident occurred, it’s definitely worth contacting an injury lawyer for advice.
Q: OK, so are my employers negligent?
Your employers have an important statutory duty to ensure your health and safety is maintained in the workplace. Your work area should be safe, free from obstruction of any articles that could pose a hazard, and you should be fully trained in the use of any work equipment you use.
Any equipment you are provided is covered under the Provision and Use of Work Equipment Regulations 1998 – this means that if anything goes wrong with it, no matter what, your employers are still liable to compensate you. Even if it’s a manufacturing defect with a drill, the fact that your employers provided you with the equipment means they are responsible for anything that goes wrong.
Even if someone else – not even a colleague – has tampered with any work equipment, causing it to become dangerous, your employers can still be held liable to compensate you.
Q: What if one of my colleagues or someone else is to blame for my work accident?
If your colleague negligently fails to adhere to health and safety rules and regulations, your employers are still vicariously liable. Even if it’s something farfetched, such as your colleague ignoring his training and work procedure by climbing up an unsecured ladder, stumbling, and dropping a paint brush on your head! Or perhaps if your colleague accidentally drives over your foot in the works yard – and yes, a vehicle is still classed as work equipment.
So, there are many ways your employer is liable to compensate you for injuries – whether it’s through blatant negligence in failing to adhere to important health and safety law, or whether they are vicariously liable for someone else’s actions. It’s the reason all employers are required to have an Employers Liability Insurance policy in place – it’s there to be claimed form in the event an employee has suffered through no fault of their own.
Q: But should I claim against my employers? What if there are repercussions?
There is nothing your employers can legally do to adversely affect your employment if you make a claim – nothing! They cannot sack you, they cannot discipline you, and they cannot treat you any differently. If they did, well, they would have an employer’s case against them! But to be honest, we often find employers are more than happy for you to claim from them – after all, they are legally required to have insurance in place which exists for employees to claim from.
In any event, if you have had an accident at work, you should always, always, always contact an injury lawyer to see if you have a claim, because in the majority of circumstances, you are entitled to make a claim.
Its free to ask, and costs nothing to claim under a Genuine No Win No Fee – you have nothing to lose.