Workplace Accident – Can I claim and why should I?

This article was published on: 01/15/15

Builders working outdoors in safety gear

Many people across the UK suffer accidents in the workplace. But what do you do when the accident is down to the negligence of your employer and causes you an injury that leaves you unable to work and needing treatment.

For many, issuing legal proceedings against their employer is a daunting prospect and therefore they opt not to and force themselves to find a way to get by while they recover from the injury.

Some people don’t even realise that they would actually have a claim should they seek lead advice and choose to get on with their lives without giving it a second thought.

Neither of these instances should be allowed to continue.

If you have suffered an injury, wherever it may have occurred, and it is down to the negligence of somebody else, then you have a right to claim.

Whether your accident was caused by reckless driving by another motorist, badly maintained footpaths by the council or, indeed, unsafe working conditions from your employer, you have the right to seek justice and be compensated for the pain you were put through.

So what puts so many people off? Well, mainly the worry that by taking action against their employer, they might find that they have no job to come back to once the recovery period is over with, which is also not the case.

Your employer has a responsibility to ensure that they provide safe working conditions to the best of their abilities and this is not just a moral standpoint, they are also under legal obligation as well.

So if they did relieve you of your duties as a result of you submitting a claim, then they would be at liberty of being actionable for unfair dismissal.

What injured parties in the workplace then need to ask themselves is why should I make a claim?

On one hand, you may think to yourself, ‘I have always liked the boss and he has always looked after me and paid my wages on time, so I won’t claim’.

The answer to that is that you have as much value, if not more to them than they do to you. You work hard for your wages so you shouldn’t feel that just because they fulfil the legal requirement to pay them that they are doing you a favour.

What you should be thinking is how am I going to afford to pay the bills whilst I sit at home unable to work because my employer did not fulfil his duty of care to me and the other employers in the office, factory or whichever environment you work in.

So just what exactly is your employer required to do legally to ensure health and safety in the workplace.

Well, first of all they are legally bound to ensure that all employees are able to operate in a safe environment. So this means fully functioning equipment, acceptable noise levels.

Secondly, they are obliged to ensure that the correct safety equipment is provided for any machinery use or other part of the job that may require it and in line with this, the adequate training is carried out.

Finally, all employers are legally obliged to ensure that their company has the correct insurance to cover themselves for any accident or injuries that may occur within their workplace, so that should compensation claims be made against them, they will be protected.

With the legal obligations and expectations clearly marked out, it is only fair that, should you suffer an injury because they have not been met, you be compensated for the injury and/or financial loss you have suffered as a consequence.

That is what is expected of your employer and gives you an idea of how an employers negligence can cause an accident. So what is expected of you, the accident victim, should you bring a claim against them in order for it to be successful?

You will, first of all, need to have proof that the employer had a duty of care to you and that they had not fulfilled it. You will need to prove that this failure led directly to your physical or psychological injury and/or any financial losses.

Accidents at work happen in many different ways. Obviously you could suffer a fall, hurt yourself when lifting heavy objects or even be injured in a road accident because of a poorly maintained vehicle or one that is not roadworthy.

Likewise, there are the lesser associated injuries you can pick up from a simple slip or trip on a wet floor or obstacles that should not be present.

All claims vary, as does their worth, but your compensation, regardless of size can be important to help you cover the cost of any time off work you are forced to take, the cost of any additional rehabilitation or care you may require and other such financial losses that may be imposed.

Remember, you didn’t ask to suffer an injury and when you agree to undertake employment, you do so with the expectation of working safely.

That is why you should definitely claim against your employer should you suffer an accident in the workplace that was down to their negligence.

If you have suffered an accident at work and feel that your employer has not fulfilled their commitment to any of the things outlined above, then you can contact our personal injury specialists today and they will advise you on the best course of action.

Image source(s)

1. Pexels;