If you’re injured on the job or in a position that’s leading to illness, you could be caught between your the loyalty of employers and the necessity of looking at yourself. If you’re considering filing an injury claim for your work it can be confusing to know which direction to take and how to handle the situation with the correct manner to ensure that everyone is content to see the issue settled. Knowing your rights under the law in relation to your situation, as well as the responsibilities of your employer and will allow you to understand the situation better and avoid any miscommunications.
My workplace accident has left me injured What rights do I have?
In the UK You have the same rights under law whether you’ve been injured at work, or suffer from a work-related illness or have a condition like carpal tunnel syndrome, as an instance. It is crucial to be aware of your rights, to be able to confidently manage your recovery and your work in the future.
The law stipulates that all employers are required to take a certain amount of care to ensure the wellbeing of their workers regardless of who you are employed by or what you do, from office to construction sites to privately-owned care facilities to the NHS regardless of whether you’re working as a temp for an agency or full-time staff, or self-employed.
If it is proven that the employer was negligent and you have been injured because of it one of your rights is to pursue an individual claim for injury. If you’re seeking to make a make a claim due to an accident that occurred on the job, our lawyers will swiftly inform you whether you’re entitled to a claim.
Here’s a simple procedure you can adhere to if hurt at work or are thinking of filing a work accident compensation claim:
Seek medical attention
If your employer tries to stop your from seeking medical treatment you are in violation of the law and are acting in a way that is not legal. The majority of workplaces have an appointed first aid specialist should there be injury. The person you should visit is however, make sure you go to your GP or the local A&E department. Similar to an illness, it is best to first consult your GP.
Note down the details of the accident.
When you’re suffering an occupational sickness, make sure that your employer receives written notice of this. If you’re injured while at workplace, be sure to note the details in the company’s accident record book.
If you’ve not done this yet, don’t be worried we’ll help you do it.
If your employer doesn’t report the incident or allow you to look through the document, you have steps you could consider. The entries in the accident book should generally be completed in a matter of minutes. the person who was injured must contribute to the information written and only sign the entry after they are pleased with how the incident occurred. If applicable, prior complaints or remarks by management staff about the potential dangers that could arise from the incident in question must be recorded.
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 after it was trapped by the cutting machine that was on the floor of the factory. The safety guard was damaged and was not fixed despite the personnel notifying Management of the problem. An ambulance was called, and Joe was taken to Hospital to be treated. The incident has been disclosed by Management”. The person who was injured must request an exact copy of the accident entry.
Don’t worry that reporting an accident could harm the image of your business. Your employer is accountable for your security. Notifying the incident immediately to your employer will assist them prevent accidents like this in the future by taking appropriate safety measures.
In the event of an incident, the employer is legally obliged to report the accident by RIDDOR in the event of an incident to the Incident Call Centre at the HSE. Because your employer is accountable for reporting the incident to the HSE You should be sure to verify that it has been reported.
Confirm your sick pay
Some employees may not be paid full-time if they are on sick leave from work. typically, your employer will place the employee onto Statutory Sick Pay (SSP). While SSP isn’t exactly an income that is living but it can be sufficient to make it through. 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.
Being aware of your rights is crucial If you’ve suffered an injury in an accident at work that wasn’t at fault, you may be able to claim compensation to cover your sick pay as well as cover the costs.
Make sure you attend medical appointments
If you’re back at work, but you are continuing to receive outpatient treatment for injuries, like physical therapy or visits to the consultant the employer must allow you to go to the same.
It is important to take your time recovering
Removing yourself from work to help your recovery won’t only help you reduce the amount of time you’re injured, but it will also benefit your employer by allowing you to return to your full tasks as soon as you can. Should your boss is trying to force you to go back to work if you are looking to retain your job and you are not sure, you must consult a lawyer regarding the issue. Unfit employees are risky employee. Not only could you put at risk your health by hurrying returning to work. You may be putting at risk to the well-being of coworkers.
Seek light duties
Moving away for a short period from the circumstance that is causing the issue can assist. This can be done for mental injuries, like stress, in addition to physical injuries. If your job typically includes physical labor, such as lifting as well as carrying, climbing, or standing for extended time the employer is to assist you (where it is possible) by allowing you to return to work in a lighter capacity while you recover. It may be that you normally perform heavy lifting in your position, but an injury to your back prevents you from doing so for a while. If your employer is able to accommodate you in the office for a couple of weeks to perform lesser duties, you could return back to work and make your regular pay.
Claim injury compensation
You have the right to file an injury claim if you have suffered an illness or injury while at work as a result of negligence by your employer. They are legally responsible to provide the safety and security of their work environment for employees and to avoid any injuries that could be foreseeable that are psychological or physical.
An effective personal injury lawsuit can eventually see the claimant get a settlement to cover their injuries, ongoing care as well as for specific damages, which will cover the financial loss, such as loss of income.
Have you got the legal right to file a claim for a workplace injury?
If you’ve been injured at work it doesn’t guarantee that you are legally entitled to claim for compensation for personal injuries. The employer has to be responsible. In the majority of cases it’s fairly easy for us to determine the probable outcome of any claim. We’ll determine whether it is possible to prove the employer was responsible for your injury, and failed with their duty to care and thus liable for compensating you for the injuries sustained and any other losses you could suffer.
Each injury is unique and is unique in its own way and therefore, no two cases are exactly the same. Therefore, it is essential you seek professional guidance to determine whether or not you’ve got any merit to your claim. But, there are essential guidelines to aid you in determining what you are able to do on the strength of a claim:
Did you get the right training? (this could be in relation to manual handling or any other specific training for your job).
Did you receive an induction into the workplace? This could include information on the best practices for managing accidents and safety exits, hazards prevention, etc.
Have you been provided with or instructed on which PPE to use for your work without injury?
Did your employer permit you to use faulty equipment?
Did you know how to report your injuries and access an accident guide?
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 risk for employees?
There are a variety of ways that an employer is responsible. Check out the questions at the end of this article to find an example of real-life work injury claims.
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 can be played on and, as we know, you may be under pressure from your employer not to pursue claims for compensation for personal injuries.
Employers who are liable to blame for negligence-related accidents that happen at work have no rights to bar employees from filing claims.
In fact, the law recognizes this fact and protects your rights in these ways:
It is against the law that your company can dismiss you when a claim is under consideration or is being made in the event that they decide to do so, and you could have a legal claim against unfair dismissal.
Similar to that, if your employer makes threats or other pressures make you want to quit the job you are in, then you might be able to claim constructive dismissal.
In these circumstances in such a situation, you should seek out advice from a lawyer or the local Citizens Advice bureau.
The decision on whether or it is appropriate to file a lawsuit is on the employee who has been injured. If the injuries aren’t serious that will not create issues in the long term and the injured worker is able to remain employed and thus not lose their wages and earnings, they could decide they don’t intend to file an action for compensation. But, if the injuries are more severe and a loss of work is the result an injury, exercising your right to file a claim for damages is your only option available to the majority of individuals.
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