Work Accident Claims
Read our 4 common reasons why work accidents happen and how our no win no fee claims solicitors can help you following a accident or injury.
Everyone deserves to be safe at their place of work. This means that your employer must take all reasonable steps to avoid potential accidents and to mitigate (make less bad) the effects of any that happen despite their best efforts. Unfortunately, some industries, companies and/or employers are not taking these responsibilities seriously enough.
Accidents at work can be extremely stressful, as they will often lead to you being unable to return to the workplace for a period of time. If you have suffered an accident at work that wasn’t your fault, you may be entitled to claim compensation. Call us today on 0121 565 4317 or claim online to find out whether you may be able to make a work accident claim. The compensation you receive can be invaluable in getting you back on track and helping you to recover from your work accident.
What Counts As A Work Accident?
In order to make a work accident claim, your employer must have been able to reasonably foresee that your accident might happen and not have taken sufficient measures to keep you safe. Your accident must have taken place at work and as a part of a task you have been asked to do.
Although this sounds quite restrictive, it is actually quite simple. You cannot claim against your employer for accidents that happen on your way to or from work (although you may be able to make a claim against another driver, for example) and you can only claim for things you have been asked or expected to do. This means that you can’t make an accident at work claim if you were using a piece of equipment without the authorization or knowledge of your employer.
4 Common Reasons Why Accidents At Work Happen:
- Injuries From Machinery
Many jobs involve working with machinery and if this is not correctly maintained, a wide range of injuries can result. These could include crush injuries from a body part being trapped between two moving parts, burns from machinery that has become overheated or cuts from damaged surfaces that have become sharp. Even correctly maintained equipment can be dangerous, if you are not sufficiently trained in the use of it. It is your employer’s responsibility to make sure that the equipment is properly maintained and that you have regular, appropriate training for any equipment you are required to use. If this has not been done, you may be eligible for compensation for your accident at work.
- Forklift Injuries
Warehouses are a particularly hazardous working environment and forklift injuries are relatively common and can be very serious. Many severe forklift injuries are the result of pressure being applied to drivers to work more quickly than is safe and thus overloading the forklift or driving too fast, leading to the machine tipping over. Alternatively, a noisy environment can mean that workers are unable to hear an approaching forklift and are unable to avoid being struck by it. Almost all forklift accidents occur at work and your employer must be able to prove that they had taken every precaution to keep you safe. If you have been involved in a forklift accident, call us on 0121 565 4317 or claim online to discuss your case and find out whether you are able to make an accident at work claim or not.
- Needlestick Injuries
A needlestick injury is when you are cut by a potentially dirty or hazardous object. The overwhelming majority of needlestick injuries happen by accident, whether in a medical setting handling needles, in a kitchen with the potential for broken glass or on a construction site being cut by rusted metal or dirty glass shards. In some rare cases, needlestick injuries can be a deliberate hazard placed there maliciously. This is usually a concern for police, social workers and council employees dealing with difficult situations. Needlestick injuries can be some of the most worrying accidents, as even if the damage is minor, you may have to wait a significant period of time before you can be sure that you have not contracted an infection from the injury. Concerns about tetanus, HIV or hepatitis often weigh on your mind. Claiming for a needlestick injury can be complicated and time consuming. This is why we advise all victims of a needlestick injury at work to obtain expert advice from our friendly team of claim solicitors to ensure that you get the support you need to make a work accident claim.
- Lifting Accidents
In many jobs, you may need to move heavy objects from one place to another. The amount that you are asked to carry should always be within your capabilities and assistance should always be available should you need it. Furthermore, if your job entails a lot of lifting, it is important that you are trained in how to protect your back and spine as you lift. If this training and support has not been made available to you and you suffer a lifting accident, your employer may be liable for compensation. Lifting injuries are not confined to warehouse or construction jobs, although they are common in those industries. Lifting injuries are also frequently a consequence of work accidents for carers and those working with the elderly and infirm. They can also occur in office-based positions, especially during an office move or other rare but physically-intensive occurrences.
Won’t Making A Work Accident Claim Get Me Fired?
Many people are concerned about making a work accident claim because they are worried that they might lose their jobs or otherwise be punished at work for their claim. Others are concerned that their claim may make things difficult for the company financially and potentially even lead to the company having to shut down. Whilst both of these worries are understandable, there are legal measures in place to ensure that you don’t need to worry.
It is illegal for any employer to fire or otherwise punish an employee for making a personal injury claim as a result of a work-related accident. If your employer were to attempt retribution towards you for claiming the compensation you are entitled to as a result of your accident at work, they would open themselves up to a further claim and even greater compensation payments. This is not to say that employers will never try to do this, but there are legal mechanisms in place to protect you and very few employers would even consider it. You don’t need to worry that your job might be at risk if you make a claim.
The second concern is for the welfare of the company. Under British law, all employers are required to have employers liability insurance, which covers them for any accident at work claims you might bring. This means that the company does not need to find the money to pay your work accident compensation claim, as this will be paid out by their insurance company. The company will not suffer financially and you will receive the compensation you need and are entitled to.
In addition to getting you the compensation you need to get you back on track after your accident at work, making a claim highlights to your employer the ways in which they were responsible for your accident and the things they need to do to make sure that such accidents do not happen again. Often, employers do not take proactive measures to protect their staff, instead waiting until an accident has happened to realize that they need to change. In many cases, making an accident at work claim is the encouragement your employer needs to ensure that your workplace is safe for yourself and your colleagues in the future.
How Much Compensation Will I Get For My Work Accident?
- The amount of compensation you are entitled to after your accident at work will vary depending on the exact nature of the injury you have sustained and the ways in which has impacted you.
All personal injury compensation claims are divided into two parts. The first is based on the injury itself. The Judicial College sets out the range of payments you might expect for a specific injury. These ranges can be very wide, to allow for the individual nature of your injury to be taken into account.
The second part of the compensation amount you might expect in your work accident claim is based on the impact the injury has had on you and any expenses you may have incurred as a result. This includes loss of earnings if you have been unable to work, loss of future earnings if your injury is severe enough that you may never be able to return to your previous job and also the cost of any modifications you may have had to make to your home or the cost of any additional medical care you may have needed, such as physiotherapy.
With so much to consider, it can be difficult to be sure how much compensation is appropriate in your specific case. This is where our expert claims team of no win no fee personal injury solicitors comes in. We listen to you, making sure that we understand the details of your accident at work, the precise nature of your injury and the ways in which it has impacted your life at home and at work. From this, we are able to give you a good idea as to how much compensation you might expect to receive. We will also handle all of the negotiations, advising you when we think that an offer of compensation is deliberately low (a practice known as low-balling) and when we think it is fair. Call us today on 0121 565 4317 or claim online to discuss your claim.