Sustaining an injury at work can be a trying time for the victim involved. You may feel that the accident should never have been allowed to happen. You may feel your employers are responsible, and they should do something about it. You may want to claim but you are worried about the backlash from your boss.
The answers are here: read on for a quick guide on what to do in this situation, and what you’re rights are.
Do You Have a Valid Claim?
There are numerous health and safety rules and regulations your employers must legally bide by; particularly in industries involving foreseeable and obvious hazards, such as a building site or a chemical plant. These rules and regulations are there to maintain the duty of care your employers have for you and to prevent you from coming to harm.
So: if your employers fail in the duty of care they have for you, you may be entitled to make a claim for compensation. In short, if the accident was the fault of your employer, you can make a claim.
If the cause of your injury is something you have reported to your employer before your accident, it can help your claim. For example – if you have requested replacement work equipment because your current equipment is defective, but you must continue using the current equipment, if you end up injured you may have good prospects for a claim. You have put your employer on notice that there is a problem; if they fail to sort in within a reasonable time frame, they are failing in the important duty of care they have for you.
How Do I Claim from My Employer?
Every employer has a legal responsibly to have an Employers Liability Insurance Policy in place to cover all of their employees in the event they end up injured at work due to the negligence of their negligence. This policy exists to claim from; so it’s a perfectly natural process to claim from it.
I often find in my experience that employers are quite happy for you to claim from their insurance; at the end of the day, you have been hurt due to their failure to maintain their duty of care for you. It’s their fault, not yours; and you need to be compensated.
From a legal perspective, there is nothing your employer could legally do to adversely affect your employment for claiming from their insurance. So, you’re covered, and you’re protected.
All you need is a fully qualified personal injury lawyer to pursue the claim on your behalf. Luckily, your employer’s insurance covers your legal fees; so you always receive 100% of any compensation awarded to you.
Just make sure to get a Genuine No Win No Fee lawyer which means that, win or lose, you never pay a penny. Your lawyer’s fees should be limited to whatever is recovered from your employers insurance, which means you never pay anything towards the fees: ever!
For more advice, feel free to get in touch.
