If an employer fails to take steps to safeguard your safety at work and you are injured whilst working you may be entitled to make a claim. Examples of an employers duties include the following:
A duty to provide a safe place of work;
A duty to provide adequate training and instruction;
A duty to provide adequate protective clothing and equipment;
A duty to assess the risks of lifting heavy weights or equipment;
A duty to maintain equipment and machinery in a safe condition.
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WHO CAN CLAIM?
A employee injured in an accident at work where the injury was caused as a result of the employer’s failure to carry out their duty to safeguard employees. This includes temporary, casual and permanent employees. You can claim if you work full time or part time and you can claim even if you do not have a written contract of employment. If you are self-employed and injured as a result of another person’s actions you may also be able to bring a claim. You can bring a claim even if you did not have any time off work as a result of the injury or if you were paid your wages in full whilst absent.
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WHAT CAN I CLAIM FOR?
You can claim compensation for the pain, suffering and effect on your activities caused as a result of the injury. You can claim for any loss of earnings, loss of overtime, loss of bonus or other benefits. You can also claim for any other financial loss incurred as a result of the accident or injury – such as medical treatment fees, prescription fees etc.
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If you have been involved in a road accident you can claim for the costs of repairing your vehicle or the cost of your policy excess. You may also be able to claim the costs of hiring an alternative vehicle if your vehicle is unroadworthy due to accident damage.
Other losses would include any other items of property or clothing damaged as a result of the accident.
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WILL A CLAIM AFFECT MY JOB?
Employees are often reluctant to make a claim against their employer as they are afraid that it may cause difficulties for them at work. Whilst this is an understandable fear it is important to remember that your employer is not allowed to take any action against you simply because you make a claim. For example, an employer is not allowed to terminate your employment because a claim is made - if they did take action against an employee they could leave themselves open to a separate employment claim.
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In any event, all employers are obliged by law to hold employers liability insurance and so, in reality, the claim will be dealt with by the insurance company rather than the actual employer.
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HOW DO I CLAIM?
If you have been injured whilst at work you should contact us as soon as possible to discuss your potential claim. You can contact us by FREEPHONE on 0808 155 1105 for free, no obligation advice regarding your claim or by clicking on the Contact Us link above.
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