How to Claim Compensation After a Personal Injury at Work

| May 22, 2018

Have you sustained a personal injury in the workplace? No matter whether this is psychological or physical, as an employee it can hard to balance the feeling of responsibility between you and the company that you are working for. When you are considering a personal injury compensation claim it can be hard to know which lawyers to turn to and how to approach the situation so that all parties are happy.

Here, we are taking you through what your rights are if you have sustained a personal injury at work and how you can claim compensation.

 What Are My Rights After A Personal Injury at Work?

If you are suffering from a work-related illness, have been repeatedly hurt at work or have been in injured in a one-off accident, you are entitled to the same legal rights. Below, we are taking you through your rights on a range of different issues, so you can manage your recovery effectively.

  1. Treatment
    In the workplace, there should be someone who is trained in first aid and can help in the event of an injury taking place. Depending on the seriousness of your injury, visit the first aid officer first and then make an appointment to visit your GP or head straight to your local accident and emergency. If at any stage your employer tries to stop you from getting medical attention this is a serious breach of the law and this should be documented. Furthermore, an employer cannot prevent an employee from making a claim at work if they are liable on the grounds of negligence.
  1. Record All Details
    When suffering from a work-related illness, it is important that your employer takes a note of this. If you are involved in an accident which results in an injury, then you should try to record the details within an accident book which can normally be found in most workplaces. Ensure that the details are written down as you have stated and do not sign anything that does not add up to your recollection of what happened.
  1. Sick Pay
    It can seem unfair, but not every employee will get full pay when they off sick from work. Your employee contract will determine what you are paid, but everyone is entitled to Statutory sick pay. This is, unfortunately, not the living wage but it can be just enough to help you get by. You should ensure that your workplace has you registered for statutory sick pay.
  1. Go to Medical Appointments
    Although you may have returned back to work after your injury, for many, there is still a lot of ongoing treatment. When you are still receiving outpatient treatment for injuries sustained in the work place, for example physiotherapy, then your employer has no option but to release you to attend these medical appointments.
  1. Take Time Out
    When you have an injury, you should take as much time as you body needs to recover before returning to the workplace. This will not only benefit you, but it will also benefit your workplace as it will mean you will be back to work in full health and returning to all of your duties at the earliest possible time. Any employer who is pressuring you to return to work early is in the wrong and you should look to seek advice from solicitors regarding this issue. If you are unfit for work you could also be a danger to other employees and are risking your own health.
  1. Switch Up Your Duties
    If you have been off work with an injury, then it is important that you do not go back to work and aggravate your injury further by carrying out the same duties as before. For example, if you normally have to lift heavy objects but have suffered from a physical injury then your employer should take this into consideration and on your return to work they should provide you with lighter duties to accommodate you. So, instead of lifting your usual heavy boxes, instead see if there are any office duties that you can carry out until your recovery is complete.
  1. Claim Compensation
    As an employee who has suffered from a personal injury at work, you have the right to place a claim for compensation for your pain and to recover any losses that you may have had. No employee can be sacked for doing this and if an employer starts to make your life difficult then you can consider legal action against them. If an employer’s negligence has caused your injury or illness, then you should seek out compensation for your injury, any ongoing treatment and any special damages.

Can you Claim Compensation?

Although you may have been injured at work, this does not automatically mean that you can make a claim for compensation. Your injury has to be the fault of your employer and a personal injury solicitor will be able to establish whether or not you have any sort of claim on your hands. They can work out if your case can be proven that the employer was liable for the accident and determine whether they will be seen as being responsible for compensating any injuries or losses that you may have incurred.

In order to find get the best response, the best bet would be to contact specialist solicitors that deal specifically with niche workplace injury claims. Law firms like roperjames.co.uk have extensive information on their site about workplace claims and can provide a range of injury solicitors who can inform you of your legal rights and where both you and your employer stand in this process and have detailed insights into a wide range of situations.

There are never two accidents that are exactly the same and each accident will have a unique set of circumstances surrounding it. This means that you must seek legal advice if you want to know whether your claim is viable. However, there are some basic principles that you should be asking yourself.

  1. Have you had any training for your employer? If not, they could be in breach of health and safety guidance.
  2. Did you have an induction when joining the workplace? This can include guidance on accident management protocol and safety hazards.
  3. Where you provided with the appropriate clothing and protective equipment to complete the job safely. If not, then your employer could be liable for your injury.
  4. Was equipment properly maintained and were all safety guard mechanisms in working order?
  5. Were you informed of how accidents were to be reported and where the work accident book is located?
  6. Where there the correct staffing numbers on the job and were enough people trained in first aid.
  7. Were potential danger risks reported and your employer did not act on them?

This is only a few ways in which your employer could be liable for your injury sustained in the workplace, however, there are many other situations in which your employer could be liable. If you think you have a valid claim to make for compensation after receiving an injury in the workplace, contact a personal injury solicitor today for professional help and advice.

Category: Articles, Business Advice, HR Advice, Legal Advice

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