ACCIDENT AT WORK CLAIM

If an employee suffers injury, damage or loss due to negligence on the part of their employer, then that employee can make an accident at work claim for compensation. Negligence is said to have occurred when there is a breach in duty of care by your employer towards you and that breach results in damage.

A breach in duty of care, for example, may occur when your employer fails to ensure that you carry out your job in the safest way possible. Has your employer provided you with suitable protective equipment? The materials and equipment that you work with must be safe and suitable for the tasks that you are carrying out. Any machinery or tool that you use in carrying out your job must be maintained and regularly inspected.

If your job involves inherently dangerous tasks, such as handling toxic or hazardous substances, then your employer should advise you of these risks and ensure that you are properly trained in the tasks required of you. Your employer must take reasonable care to ensure that you are not exposed to any unnecessary risk whilst performing your duties as an employee.

Your employer also has a duty of care to ensure that the place within which you are working is generally safe. If premises are cluttered with objects lying around or floors are left wet, and an employee slips and injures themselves, then they may be able to sue their employer for compensation. Employers must also ensure that there is adequate lighting on the premises and even in the car park.

You may also be entitled to make an accident at work claim for compensation if you have been injured because your boss has employed incompetent persons who put others in the workplace at risk of injury because of their actions. If your boss fails to train employees properly in the use of machinery, and you are consequently injured by your co-worker's negligent action, then your boss will be liable to compensate you.

In order for compensation to be awarded, an injury need not be physical - it can also be emotional. For example, if you have suffered depression, anxiety, or post-traumatic stress disorder, you may still be entitled to damages. In the case of a death within a family, surviving family members can also claim compensation.

When you are injured in a work accident, medical expenses, including hospital expenses, medications, physiotherapy can be recovered as part of your compensation claim. You may also be entitled to loss of wages for time off work as a result of your injuries.

If you have been injured in the course of your employment you should seek legal advice immediately. Time limits with respect to making compensation claims apply. In the case of personal injury litigation, you generally only have 3 years within which to commence legal proceedings. If you don’t take action within the time period specified by law, then you miss out altogether on receiving compensation.

Most compensation claims settle out-of-court. Where liability or the amount of damages sought is contested a court case may be necessary. A personal injury solicitor will be able to advise you as to the best course of action to take for your particular case. They will ensure that you receive the maximum compensation possible.

Here are 3 good reasons to choose our lawyers:

1. Our lawyers will provide you with legal advice on your rights and entitlements to compensation with no further obligation.
2. Our solicitors are specialist accredited expert members of the Law Society personal injury panel with extensive experience in negotiating, settling and litigating accident compensation claims.
3. If you decide to instruct any of our specialists to obtain compensation for you, they will act on a “no win no fee” basis. Compensation is paid in full and win or lose there is no charge.¹