Accidents at work
We expect to be kept safe in work but sometimes accidents happen, sometimes a discreet occurrence, other times, not but fundamentally our employers owe us a duty of care.
If working practices fall foul of these safeguards, then employees are entitled to make a claim for compensation against their employers.
Providing the accident isn’t your fault, then you can make a claim for compensation should you be injured while performing your role in the workplace. The only caveat being, that the accident needs to have taken place within the past three years.
As part of their health and safety remit, your employer is legally bound to ensure your wellbeing, and do all that they can to safeguard against the probability of work-based accidents.
This is largely achieved, courtesy of strictly adhering to HSE guidelines, while also identifying and addressing potential hazards.
Sadly, not all employers take the safety of their employees as seriously as they should. If they neglect to follow protocols and practices, and therefore fail to fulfil their health and safety obligations, then you can make a personal injury claim for compensation.
Did you know?
According to the most recent studies compiled by the Health and Safety Executive (HSE), agricultural workers (specifically those working in the fishery and forestry industries) were considered, statistically, to be the most likely to suffer jury at work. They were followed closely by construction industry workers.
As to just what type of personal injury might befall an employee, this obviously depends on your working environment. As does the perceived risk, in terms of how the claims sector views the likelihood of individuals’ succumbing to a particular injury.
Essentially, there will always be a higher chance of an accident in a work environment where there are more risk factors to be taken into account.
If I claim against my employer, will I risk losing my job?
There is a legal safeguard in place for unfair dismissal, and if you claim against your current employer, the compensation pay-out is the responsibility of said insurance policy provider, not your employer. So, if your employer does choose to dismiss you, they must be able to justify their reasons about your claim.
What if I'm self-employed?
If you are self employed but working on someone else’s premises then you have the same rights to claim as an employee.
Can I claim for loss of earnings?
Yes, if you have had any loss of income due to your incident then this will be taken in to account when calculating your compensation.