If you're unfortunate to experience an accident at work, where it was not your fault and you suffer(ed) a workplace injury, then you are eligible for workplace accident compensation.
Like with all accident compensation claims, it is required you to prove that the injury, disease or illness was due to the result of negligence of another party. If you are injured at work then your employer should be responsible for any negligence. Once you acquire a personal injury solicitor, you will be assisted in gathering all evidences for presenting the claim to the employer's insurer.
Liability of Employers
All employers should be responsible to safeguard their employees, visitors and contractors from injuries or accidents. This entails making sure that they provide each employee with the required machinery and tools in order to finish their work. Employers also need to make sure that machines and tools are properly maintained and in safe condition. Each employee's workplace must be kept clean and safe. Employees must be given suitable workstations along with hazard-free floors and corridors. Gates and doors must not be obstructed as well.
In order to further avoid workplace accident, employees that are required to lift heavy stuff must initially receive training in terms of proper safety procedures. All employees must have complete safety wear in order to carry out their duty. Hard hats, goggles, dust masks, ear defenders, safety boots, safety gloves and safety vests are examples of safety wear that are usually required.
It is important to take note that an employee could also file for workplace accident compensation if the actual accident or injury was because of the negligence of another staff member.
Steps for Effective Workplace Accident Compensation
- Immediately after the accident, report it to your supervisor or any person in charge.
- Report the workplace injury to the company's first aid representative.
- If you are a union member, report the workplace accident to any union representative.
- Make sure that the complete details of the workplace accident have been entered on the workplace accident logbook. Sign the entry only if you have checked and agreed that all events occurred are true and correct.
- Assist your supervisor upon investigating the workplace accident. A report will be compiled by your supervisor, which in turn, will serve as basis for your potential workplace accident compensation. Keep in mind, the more accurate the report, the better the chances of acquiring your claim.
- Make sure that your employer gets notified of any absence in relation to the workplace accident. In turn, your employer must submit a report regarding your accident to the Health and Safety Executive.
- Keep a record of each and every physical symptom that you experience. Take note of what they are and on what dates. Include psychological symptoms such as sleepless nights, shock and unusual mood variations.
Workplace Accident Compensation in the U.K.
Below are the reasons for a valid work accident claim:
Dangerous workplace procedures and practices
Poorly maintained and defective equipment
Slip, trip or fall
Noxious environment or toxic substances
Failure to adhere to Health and Safety regulations
Improper or insufficient training
Assault while at work
Accident while operating a crane or forklift
Faulty lifting due to lack of training
Just the same with all types of accident compensation cases, it is crucial that a work accident claim be proven in connection to the consequence of employer's negligence. Sometimes, even if there is very clear employer's negligence, proving it might be difficult in court. Thus, the best step is to get a reliable work accident solicitor. They will help you in forming and gathering all evidences upon presentation in court.
Time for Filing in the U.K.
There is a standard 3-year time limit in the U.K. Within this limit, you can file for work accident compensation but if you exceed this time limit, your chances of getting a claim slims down. This 3 year deadline starts from the actual date of the accident or from the date on which you knew that the injury you suffered was associated with the actual workplace accident.
And in the unfortunately and rare circumstances if the victim dies, the 3 year deadline starts from the death date in order to help the family continue with the claim.