Personal Injury At Work
Accidents At Work Claims
On this page we aim to make it clear how you can transform the difficult situation of personal injury at work into a successful compensation outcome. If you follow the correct strategy and pursue the appropriate legal advice you have every opportunity of leaving yourself with the proper compensation that your work related injury deserves.
Common Areas Of Work Injuries
Common causes of work related accident leading to personal injury claims include Vibration White Finger and Repetitive Strain Injury (RSI), which specificly effects office staff, while typical industrial accidents can involve machinery or industrial vehicles, including fork lift trucks, cranes and other heavy plant gear. Each year the number of claims for chemical burns, asbestos and back injuries at work are increasing.
Duty Of Care
If you have suffered any of these types of injuries or any other personal injury at work, the first thing to realise is that you are not alone. You are protected. Employers in any area of work have a duty of care to ensure employees are safe at all times. As and when appropriate they should carry out risk assessments, provide health and safety training and suitable equipment and clothing. Where applicable, typical safety gear includes helmets, safety goggles, protective boots and earplugs.
Remember, if you have suffered an accident or have developed a health problem as a result of poor conditions at work and your employer has failed in their duty of care; there is a reasonable chance you will be entitled to make a successful work injury claim for compensation.
Making A Claim
How do I make a personal injury claim following an accident at work? Well, if you suffer a personal injury at work and wish to make a claim you find yourself in a difficult situation in more ways than one. A potential loss of earnings and the impact on your day to day life can, in some cases, be combined with an employers’ reluctance to accept responsibility for their role in your injury.
For this reason you may wish to communicate directly to your employer, either face to face or in writing, outlining your position early and giving them the opportunity to settle quickly. No organisation wishes to face legal proceedings from an employee and this quick approach can bring quick results, allowing you to negotiate a mutually acceptable settlement at an early stage. Before you begin any negotiations it is always advisable that you take proper legal advice on what is a suitable level of compensation for your injury.
Gathering Evidence
For this reason the gathering of evidence which has relevance to your case is of extreme importance. Speak to any potential witnesses, ask for your employers’ safety records and check details of any previous or similar related accidents. If your case is heard by an employment tribunal, or if it goes to the courts, you will have the opportunity to force your employer to disclose any such documents. Again, an employment solicitor or personal injury specialist who has experience in this field is the best person to handle the issue of forcing disclosure.
Do Not Worry
It is also worth nothing that any compensation awarded to you will not have to come directly from your employer but from their Public Liability Insurance (PLI). All employers must have PLI by law. Also, equally important is the knowledge that you cannot be legally dismissed for making a personal injury claim against your employer. In any event, employment tribunals are available to deal with cases such as these. It is your legal right to bring a complaint against your employer. It is an understandably stressful process for most people but do not worry about potential repercussions. If you take the advice of an experienced legal practitioner in this field then you will be guided through the process.
