Making an Injury Claim on a Zero-Hour Contract
What is zero hour contracts?
Zero-hour contract work is a contract where employers are not obliged to guarantee work, similarly, an employee is not obliged to take the work offered
Working a zero-hour contract comes with its nuances that can make claims a little more complicated. Here’s a guide to claiming compensation whilst on a zero-hour contract.
What are the my employers responsibility?
An employee of this type of contract enjoys the benefit of flexible hours and the ability to turn down work which can form the basis of ideal work for many people like students/parents/carers. However, more often than not, the employer will hold the control over whether the employee takes this work as if they are an unreliable employee, they can cancel the contract with no settlements. Further, the employer will benefit from not having to contribute National Insurance, holiday or sick pay for the duration.
A zero-hour contract is a recent development in the evolution of workplace contracts. Many employers today hold the perspective that they are not responsible for their zero-hour employees. This is damaging because in the case of a workplace injury-where the employer is at fault, the argument could be made that they aren’t your employer since you are not contracted any hours there. Nonetheless, if the employer has full control of the workplace and environment their employee works in, they are fully responsible in taking ‘reasonable care’ in compliance with Occupiers’ Liability Act 1957.
Further, the Health and Safety at Work Act 1974 states an employer must:
- Provide a safe place of work
- Provide safe equipment
- Ensure all staff are properly trained
- Carry out risk assessments
- Provide proper facilities
- Appoint a competent health and safety supervisor
If any one of these are not met there is also potential for a making a claim for personal injury within the workplace.
Can I make a claim for personal injury at work on a zero hours contract?
Yes you can make a personal injury claim within the workplace if you are on a zero hours contract. Having records of your accident will be useful if you make a claim for personal injury compensation. It’s also a good idea to make sure your accident at work is recorded in an accident book and always seek medical attention by your local doctor.
It’s also a good idea to:
- take photos of your injury and whatever caused your accident
- make sure you have contact details for anyone who witnessed your accident
- make notes about your accident as soon as possible – you can include drawings if they’ll help show what happened
- ask any witnesses to make notes and share them with you
How to Make a Claim for an Accident at Work
If you’ve suffered an accident at work which wasn’t your fault, remember that our team of experts can help you to pursue a DIY personal injury claim against the party responsible for the injuries which befell you in the workplace. Although by law there’s a 3 year period in which to make a claim, it’s in your best interests to start the ball rolling ASAP. To avoid the possibility of any hold ups and potential sticking points, due to the evidence required to connect the chain of events. Which in turn points the finger of suspicion at the offending party.
Don’t hesitate to get in touch with DIYPI today to ensure that you receive the condensation that you deserve.