People are often reluctant to make a claim for compensation following an accident at work – which is understandable as the case may be against a current employer with whom the Claimant wants to continue working for. However, as personal injury lawyers with a wealth of experience in dealing with work accident claims, we would like to point out that companies are required to have insurance in place for the sole purpose of paying out compensation to people who sustain injury during their work. So you are covered!
Employers may also not react as you might think. If you have sustained injury at work you may be entitled to make a claim for compensation. You could also recover losses such as medical expenses and loss of earnings. Remember, if you have sustained injury at work then it is your right to make a claim for compensation. You have been injured in the line of duty through no fault of your own – why wouldn’t your employer want you to claim from the insurance they have in place for making a claim?
The term “accident at work” is broad and includes things ranging from lifting and carrying accidents (commonly manual handling), falling from heights, slipping and tripping, workplace traffic accidents etc. The list is endless and can be dependent upon the type of industry you work in. An employer has a legal duty to keep employees safe and free from injury. An employer must carry out a risk assessment for all potential risks to health and safety of employees. It goes without saying that if an employer fails to carry out a risk assessment then it will be increasingly difficult for that employer to avoid paying compensation to an employee who sustains injury as a result of the risk. An employer must also train employees in the use of new machinery and equipment to ensure that the workplace is as safe as possible.
Even if you think, or your employer has suggested, that you are to blame for the accident we would strongly recommend that you seek advice from personal injury specialists who will be able to advise you if you have a claim. There is a defence called contributory negligence which can be raised in these types of claims. This is a partial defence which is alleged in terms of a percentage. If contributory negligence is agreed you would still recover compensation but the amount of compensation would be reduced (in terms of a percentage) to account for the contributory negligence involved – i.e. the level to which you were partly to blame. Therefore, even if you accept that you are partly to blame for the accident, you are still eligible to make a claim for compensation.
If you have sustained injury at work you may be entitled to make a claim for compensation. Here at The Injury Lawyers we are specialists in the personal injury field. We are able to offer free impartial advice so do not hesitate to give us a call today.
We now get a lot of calls from people who have been told by their employer to call us up and make a claim. It’s an encouraged practice nowadays – after all, you have been injured in the line of duty.