Accident at Work

accident at work - North Solicitors If you have had an accident at work and suffered an injury then it’s likely you will be entitled to compensation.

A typical accident at work will occur due to a lack of training or proper systems of work not being in place,  lifting heavy objects; using defective machinery; walkways not being kept clear,  damaged or slippery floors; or because of something a fellow employee has done or not done.

All employers have a legal responsibility to provide employees with a safe workplace including a proper system of work; training for all employees; proper equipment and materials including the buildings in which you work; and capable co-workers.  These duties apply to every employee, whether you are a full time, part time, temporary or are working through an agency.

Accident Report Book

If you have an accident at work at any time whilst carrying out your employment duties, you should always make sure that the accident is reported in the Accident Book. Companies who employ more than 10 employees or those who own or occupy a mine, quarry or factory, must by law have an accident book to record such incidents. This will not only act as evidence that the accident occurred if it is disputed, but will also be a contemporary record of how it occurred and what your injuries were. If it is not completed on the day of your accident then ask your employer to complete it as soon as you practically can. Yous should read the form carefully and make any additions or redactions you think are appropriate to reflect accurate circumstances. You should never sign the form unless you are completely satisfied with what it says. Take a photo of it to provide to your solicitor if you can.

Employer Insurance

It is quite common for people to have an accident at work and therefore your employer by law must have insurance to cover any compensation claims that are made against them by employees who are injured at work due to their negligence.  This is known as Employers Liability Insurance. Compensation awarded following an accident at work claim is paid by your employer’s insurance company – it is not paid directly from the company for whom you were working.

Accident at work caused by unsafe system of work or lack of proper training

Your employer has a responsibility to ensure that you are able to carry out your work safely and avoid any inherent dangers.  For example, if your work involves heavy or repetitive lifting, your employer must provide manual handling  training so you are aware of the correct way to lift items in a way which minimises the risk of injury. If you are not provided such training, and suffer an injury as a result, you may be able to make a claim for personal injury compensation.

Accident at work caused by unsafe work premises

Your employer has a responsibility to ensure that the place, or places, where you work are safe.  Therefore, if you have an accident at work due to a slip on a wet floor, a trip on a raised floor tile,  fall down some unmaintained steps or trip over something cluttering a walkway then you may be entitled to make an accident at work compensation claim against your employer for the injuries you have sustained. Always take plenty of photographs of the area to substantiate the state of the cause of your injury and send them to your solicitor.

Accident at work caused by unsuitable equipment or materials

If you are involved in an accident at work which is caused by unsuitable equipment or materials, you may be entitled to make a workplace injury compensation claim for any personal injuries that you suffer.  Even if your accident is caused by faulty equipment, materials or machinery supplied by another company, the responsibility for ensuring that they are safe for you to use and that you are adequately trained to use them will usually remain with your employer.

Accident at work caused by incompetent co-workers

Your employer must ensure that the people they employ are competent in their jobs and do not put other people in the workplace at risk by their actions. Therefore if you are injured at work due to something a fellow employee did, or did not do, your employer is potentially liable for those actions and you may be able to pursue a claim for personal injury compensation.

As with all personal injury claims, please take photographs of your injuries and visit a health professional who can give you advice and help you recover from your injuries more quickly.

Time limits on claims

It is preferable to pursue accident at work  compensation claims as soon as possible because the more recent your case is, the easier it is to get information which could assist in winning your case. However, if you have waited for some reason, such as you no longer work for your employer, then there is a time limit of 3 years from the date of the accident at work to bring your claim.

Contact one of our personal injury specialists

If you have sustained an injury in an accident at work which was not your fault and wish to discuss how to pursue a claim for compensation, please contact us today by completing the claims consultation form below or calling us on 0121 369 6969 and speak to one of our  experienced team of personal injury specialists who will champion your claim.

All our initial consultation advice is free of charge and without obligation. If you do have a valid claim you wish to pursue we will be able to do this on a no win, no fee basis.

To read about a successful claim click here – Accident at Work Case Study