If you’re injured on the job or in a position that’s creating illness, you may feel a conflict between the loyalty of you employer as well as the necessity of looking at yourself. If you’re contemplating filing an injury claim at work It can be difficult to determine which direction to take and how to proceed with the correct manner to ensure that all parties are satisfied with the way in which a claim is settled. Knowing your rights under the law as well as where you stand, and the obligations of your employer and will allow you to comprehend the process more clearly and avoid any miscommunications.
My workplace accident has left me injured What are my rights?
In the UK You have the same rights under law whether you’ve suffered an injury at work, or suffer from a work-related illness or are suffering from a condition like carpal tunnel syndrome for instance. It is essential to know your rights to ensure that you are able to manage your recovery and your work in the future.
The law stipulates that every employer has a duty of care to ensure the health and wellbeing of their employees no matter what you are employed by or what you’re doing, from offices to construction sites to residential care centres to NHS regardless of whether you’re working as a temp for an agency or full-time staff, or self-employed.
If it can be proven your employer’s negligence and you suffered injuries because of it one of your rights is to pursue an claim for injury. If you’re seeking to make a make a claim due to an accident that occurred in the workplace, one of our professionals will quickly inform you whether you’re eligible for a work accident compensation claim.
Here’s a simple procedure you can be following if you’re in a workplace accident and are thinking of filing a claim:
Seek medical attention
If your employer tries to hinder the employee from seeking medical treatment you are in violation of law and acting totally in error. The majority of workplaces have an official designated to provide first aid should there be injury. It is recommended to see this person however, make sure you go to your GP or your local A&E department. Similar to an illness, it is best to first consult your GP.
Keep track of the accident details
In the event that you’re dealing with an occupational illness, make sure your employer is informed of this. If you’re injured while at workplace, be sure to keep the information in the company’s accident record book.
If you’ve not done this yet, don’t be worried we’ll assist you do it.
If your employer isn’t willing to record the incident or allow you to access the accident record, there’s steps you could take. In general, entries for accident books should be completed in a matter of minutes. the party who suffered the injury must contribute to the information written and only sign the entry after they are satisfied with how the incident was recorded. If pertinent, any previous complaints or suggestions from management to staff regarding possible hazards related to the incident in question must be taken note of.
The injuries must be explained and the cause of the injury identified. For instance: “Joe has suffered a severe laceration on his right hand and three fingers following it was trapped by the cutting machine located on the floor of the factory. The safety guard was damaged and could not be repaired despite personnel notifying Management of the problem. The ambulance was called and Joe was transported to Hospital to be treated. The incident was disclosed by Management”. The person who was injured is advised to request an exact copy of the accident entry.
Do not think that revealing the incident could damage the image of your business. Your employer is accountable for your security. Reporting the accident immediately to your employer will assist to prevent such accidents in the future by taking appropriate precautions for safety.
Based on the nature of accident, your employer is legally obliged to report the incident through RIDDOR in the event of an incident to the Incident Call Centre within the HSE. Since your employer is accountable to report the incident to HSE You should be sure to verify that it has been reported.
Confirm your sick pay
It is not always the case that employees be paid full-time if they are on sick leave from work. generally, employers will put the employee in Statutory Sick Pay (SSP). While SSP isn’t an income that is living however, it may be enough to get you by. Check to see if your employer has signed up you to SSP. If you’re not sure about this, call the local office for benefits.
Understanding your rights is essential in the event that you’ve been injured in an accident at work that wasn’t at fault, you are entitled to compensation to augment your sick pay as well as cover the costs.
Make sure you attend medical appointments
If you’re returning to work, but you are you are still receiving outpatient treatment for injuries, like regular check-ups or physiotherapy with the consultant the employer must allow you to go to the same.
It is important to take your time recovering
The time you take off from work to help the healing process will not just benefit you by reducing the amount of time you’re injured, it will it will also benefit your employer by allowing you to return to your full tasks as soon as you can. Should your boss is urging you to return to work if they are looking to retain your job it is recommended that you consult a lawyer regarding the issue. Unfit employees are risky employee. Not only could you put at risk your health by racing returning to work. You may also put at risk to the well-being of coworkers.
Seek light duties
Moving away for a short period away from the event that caused the issue can aid. This can be done for mental injuries, like stress, in addition to physical injuries. If your work routine includes physical work, like heavy lifting and carrying, or climbing, or sitting for prolonged durations Your employer is to assist you (where it is possible) by allowing you to return to work with less responsibilities while you recover. It may be that you perform heavy lifting in your position, but an injury to your back prevents your from doing this for a while. If your employer allows you to work in the office for a couple of weeks to perform less demanding duties, you are able to return to work and make the same pay.
Claim injury compensation
You have the right to file a workplace injury claim if you have suffered an illness or injury while at work as a result of the negligence of your employer. Employers have a legal obligation to provide an appropriate and safe working environment for their employees, and also to prevent any injuries that could be foreseeable both psychological and physical.
An effective personal injury case can eventually see the claimant receive a settlement for their injuries, ongoing care and for any particular damages, which cover expenses like loss of income.
Have you got the legal right to be able to file a claim against a work-related injury?
If you’ve been injured at work it doesn’t guarantee that you are legally entitled to claim for compensation for personal injuries. Employers must be responsible. In most instances it’s fairly easy for us to determine the likelihood of success in an action. We’ll determine whether it is possible to prove the employer was responsible for your injury, and failed to perform their duties of care and thus liable for compensating you for the injuries sustained and any other losses you might be able to incur.
Every accident is unique in its own way each one is unique, and no two injuries are alike. It is therefore essential that you seek professional guidance to determine whether or not you’ve got an actual claim. There are a few essential guidelines to aid you in determining your position in regards to the validity of a claim:
Did you receive proper training? (this could be in relation to manual handling, or other specific training for your job).
Have you received an introduction into the workplace? It should include guidelines regarding the management of accidents as well as safety exits, hazard prevention, etc.
Did you receive or instructed on which PPE to use to do your job without injury?
Did your employer permit you to work with defective equipment?
Did you know how to report your injuries and access your accident manual?
Was your environment safe? For instance did it not contain risks that could result in falling at work?
Did your employer respond to the reports about potential hazards for employees?
There are a variety of possibilities for employers to be held is accountable. Check out the questions at the end of this article to find instances of actual work-related accident claim scenarios.
Threats to pressure employees – employer pressure are in violation of the law
One of the most common concerns for many people is how submitting claims will impact their employer. The fear of being a victim is often played into and we are aware that you could be put under pressure from your boss not to pursue claims to recover compensation for personal injuries.
Employers who are responsible because of their negligence for accidents that happen in the workplace do not have any rights to bar employees from filing claims.
The law is aware of this fact and protects your rights in these ways:
It is against the law that your company can fire you when a claim is under consideration or is being made or being considered. If they do, you could have a legal claim against unfair dismissal.
Similar to that, if your employer makes threats or pressures cause you to quit work, you could be able to claim constructive dismissal.
In such a case in such a situation, you should seek out advice from a lawyer or the local Citizens Advice bureau.
The decision on whether or seeking compensation lies on the injured worker. If the injuries are not serious that will not create permanent problems and the worker can continue to work and not lose their wages or benefits, they might decide they don’t intend to file an action for compensation. If the injuries are much more severe and a loss of work an injury, exercising your right to file a claim for damages is your only choice for many individuals.
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