We have helped many home carers over the years we have been fighting for the rights of work accident victims. An accident in a service user’s house when you are a home carer means you may have the rights to make a claim for personal injury compensation.
We normally pursue your employer – so here is an insight in to how home carer claims work, what the law says, and when you could clam.
How it works and what the law says
Many home carers are worried that they cannot claim from their employer or are worried that they will have to pursue the service user. That doesn’t have to be the case at all.
The law says that the service user’s house can be classed as your workplace. After all you are working there. What this means is that vital legislation like The Workplace (Health, Safety and Welfare) Regulations have to apply.
Things like stopping slip or trip hazards; safe access to the property; lighting; organisation of traffic routes etc can all apply to the house, and it is your employer who is directly responsible for it.
How they abide by the law can actually be quite simple – risk assessments.
What this means is that if you have an accident because the house hasn’t been risk assessed properly, or at all, then you may have a valid claim for work accident compensation. If a simple and effective risk assessment could have prevented the accident from happening then we can hold your employer at fault and their insurance should pay you for your claim.
When can you claim?
Some simple examples where a risk assessment could have prevented an accident can be:
- Defects on the property that pose a trip or fall hazard – like potholes or dangerous pathways
- Any fixtures or fittings in the property that could pose a hazard
- Any areas where a slip could be potentially caused
There can be other scenarios where you can claim as well. If you need to move a service user then the right equipment needs to be provided, and the right amount of staff need to be in attendance. The Provision and Use of Work Equipment Regulations puts a strict duty on employer to provide and maintain equipment which can include lifting equipment for patients.
Free, no obligation, advice…
Chat to us about what has happened and what your options are by calling 0800 634 7575 – we’re happy to help.
