If you have had an accident at work through no fault of your own, you are entitled to make a claim for compensation from your employer’s liability insurance policy that they must legally hold.
So long as your employer has in some way failed in the duty of care they have for you, or failed to reasonably and practically ensure your health and safety in the workplace, you should have a successful claim.
You can end up injured at work in a whole host of ways –
Slips and Trips
If you slip on a wet floor or trip over some sort of defect or obstruction in the workplace, you can make a claim. Your employer has in important duty of care to ensure that all traffic routes and work areas are safe for you to use. If there was more your employer should have done, you can make a claim.
Work Equipment
Any equipment you use at work that is supplied by your employer must be safe to use and fit for purpose. Your employers should have some kind of inspection and maintenance system in place to uphold this. You should not be exposed to dangerous parts for any machinery or equipment you use, and you should be fully trained in how to use the equipment safely. Emergency stop buttons and guards should be numerous and accessible for you to stay safe in the workplace.
Personal Protective Equipment
If there is some aspect of your job that involves dangerous materials or equipment, or something that you will need to protect yourself for, your employer has a duty of care to ensure that you are supplied with adequate personal protective equipment. This ranges from hard hats for building sites, gloves for handling hot materials, or coveralls and facial masks to prevent exposure to hazardous gases or particles. Your employer is the one responsible for providing and maintaining such equipment – you should never be asked to pay for any or part of any equipment for work. You must also be trained in how to use the equipment properly and safely.
Manual Handling
The need for manual handling should be prevented or limited as much as possible by your employers – whether through work equipment, or alternative ways of manoeuvring heavy or awkward items. However, if it simply cannot be avoided, your employer must fully risk assess any and all manual handling activities you have to undertake. If you must undertake any manual handling activities, you must be fully and adequately trained in how to do the tasks correctly. Follow up training on a regular basis should be provided to ensure your training is always fresh in your mind. There must always be enough people available for the task as well.
OK – so you have a few examples as to what sorts of claims for compensation you can make for work accidents – but, what if the fault lies with one of your colleagues? What if one of your colleagues fails to follow correct procedure, and accidently forgets to place a wet floor sign down, or fails in some other way? Well, you can still make a claim from your employer. Your employer is vicariously liable for the actions of all its employees. Even though, technically, your employer isn’t at fault, they are still responsible for the actions of other employees. So fear not! You can still make a claim.
SHOULD You Make a Claim?
Yes, you should. Your employer’s liability insurance exists for the sole purpose of employees making claims from it in the event they are injured at work through no fault of their own. It’s there to compensate you.
We often find that most employers are quite happy for you to make a claim from the insurers, because it exists for this reason. It’s nothing personal – you’re simply accessing the compensation you are entitled to claim for from the insurance. But, in case you’re worried, there isn’t anything your employer can legally do to adversely effect your employment for claiming – so don’t worry, you’re covered.
HOW Do You Make a Claim?
With a fully qualified expert firm of personal injury lawyers handling your case. Luckily, your employers insurance actually covers your legal fees as well – so you will always receive 100% of your compensation, as all costs are recovered from the insurers. So you don’t need to worry about paying to claim either!
Just make sure you get a lawyer working on a Genuine No Win No Fee basis – this means there are never any costs for you to pay if the claim is unsuccessful, and if it wins, you receive 100% compensation – no deductions, no charges.
Just make sure you check the firm you’re instructing operates this type of agreement.
