Accidents at work are unfortunately common. The worst part can be the initial stages for the victim; as well as the pain of being injured, you could be facing extensive medical treatment, and could even be facing time off work. Personally, I hate having time off work. I’m fortunate enough to be able to brave through most illnesses, but I was forced to take two days off last year with a sickness bug which literally made it impossible to get in to work, and that was bad enough! So I’d be at panic stations if I broke my leg at work and was told I can’t come in for four weeks or so!
The main issue of course is the potential loss in earnings you could incur, together with the pain of being injured, and having to suffer through it all. If the accident wasn’t your fault, and your employer could have prevented it, then you are entitled to make a claim for compensation. You’ll be compensated for the pain, suffering, and inconvenience of your injury, and you will be able to recover any lost earnings and medical expenses you have incurred.
But – and it’s the big but – claiming against your employer: is this a wise move? Would they be upset, and make your return to work an unpleasant and awkward experience? Would you fear the sack? Would your company frown upon you for wanting to claim money from them for your personal suffering? These are just a few of the common questions our clients ask at The Injury Lawyers – thankfully, there’s a lot more comfort in a work accident claim than most people think.
Firstly, there is nothing your employer can legally do to adversely affect your employment for putting a claim in. If they did, you would have a potential claim for unfair dismissal!
Your employer has a legal responsibility to have an insurance policy in place to cover their employees should they end up injured in an accident. You can claim from this insurance so long as the accident was the fault of your employer. In essence, all you’re doing is claiming from a policy of insurance in place for the purpose of compensating employees for injuries. It’s there to be claimed from! So, it’s a perfectly natural process, and it’s one that most employers are aware of, and in fact happy for their employees to claim from.
There are several ways in which your employer could fall short of their duties and cause you injury. Your employer has an important responsibility to look after you whilst you’re at work. This can be broken down in to several different aspects:
- Manual Handling – your employer has a duty to limit manual handling as much as possible. They most also ensure to fully train you for tasks where manual handling cannot be avoided, and risk assessments must always be carried out. Equipment must always be provided to assist with manual handling, and you should never be lifting anything in excess of 30kg by yourself.
- Personal Protective Equipment (PPE) – work with hot liquids, or on a building site? Your employer must always ensure to provide you with as much protection as possible to make handling dangerous objects, or working in an unstable environment, as safe as possible. It’s the reason you see builders wearing hard hats, gloves, and safety boots. A building site is full of potential hazards: falling bricks, unstable surfaces etc.
- Working with Machinery – your employer has an important duty to ensure you are fully trained in the use of any machinery at work, and that the machinery itself is regularly inspected, maintained, and is equipped with the latest safety mechanisms to prevent you from injuring yourself. Emergency Stop buttons must be easily accessible, and guards must be in place to prevent you from coming in to contact with any dangerous machine parts.
These are just a few of the important duties your employer has to ensure your safety in the workplace. If they fail to properly follow through on their requirements, it’s no wonder employees get injured. And it’s in those circumstances when an employee is entitled to make a claim for their suffering and loss.
- Your employers insurance is there to be claimed from. Your employers are normally quite happy for you to claim from it. After all, you’ve been injured through no fault of your own.
- There is nothing your employer can do to adversely affect your employment if you claim from their insurance. You have the right to claim – so use it!
For further information or expert advice for your work accident, feel free to get in touch for a no obligation chat about work accident compensation. To find out more, just call 0800 634 7575 today.
