Can I claim for an accident I had at work?
Whilst at work, your employer owes you a duty of care to ensure that you are safe in your work environment. That duty of care is defined under the Health and Safety at Work etc, Act 1974.
For a claim against an employer to succeed, you must prove that they: –
1. Breached their duty of care to you, for example, failing to provide specific training to assist you in your job role and to ensure you stay safe carrying out your role.
2. That you suffered an injury, also referred to as causation, as a result of their breach of duty. This can be a physical and/or psychological injury.
What type of accidents at work can be claimed for?
There is no limit as to the type of accidents at work which could be claimed for. Such examples of accidents at work can include slips and trips; you may not have been correctly trained on how to use a specific piece of equipment which has then caused you an injury, or you may have fallen when working at height as a result of not being provided with the correct safety equipment. Accidents at work can occur anywhere, even in an office, not just in factories or construction sites.
What should I do if I have an accident at work?
Make sure you seek the medical treatment you need, whether that be from your GP if your injuries are not a medical emergency or from A&E if your injuries are more severe. Records of your attendance for medical treatment in respect of injuries sustained following an accident at work will assist in proving your case.
It is helpful to keep a diary of how your injuries progress or resolve and of any treatment you may have received or continue to receive.
Also ensure that you report your accident to your employer at the earliest possible opportunity and that it is recorded in their accident book. If your employer has more than 10 employees, they must keep an accident book.
It is helpful to take photographs of the defect or hazard which caused your accident. If you know your employer has CCTV which is likely to have captured footage of your accident, ensure you ask them to retain the CCTV footage.
If there were any witnesses to your accident, it is useful to provide their contact details so that a statement may be obtained from them for the purposes of your claim.
Will my pay be affected if I have to take time off work as a result of my accident at work?
You may be entitled to Statutory Sick Pay (SSP) or, you may receive contractual sick pay if there is provision in your contract of employment for such payment. Payment of contractual sick pay is at the discretion of your employer and may amount to full pay or a certain percentage of your wage.
As part of your claim for an accident at work, you may be able to claim for any loss of earnings.
Can I claim for any other losses I have suffered as a result of my accident at work?
Yes. Along with any loss of earnings, you may be able to claim for costs of medical treatment you have paid privately for if not available through the NHS; costs of prescriptions; travel costs; cost of care. These are just some examples of the type of losses you could claim for. Both past and future losses may be claimed for.
Could I lose my job if I make a claim for an accident at work?
An employer cannot dismiss you simply because you make a claim against them. If they did so, this could constitute as unfair dismissal. If however, your injuries prevent you from carrying out your role or limit you in being able to fulfil your role, there is a possibility your contract of employment could be terminated.
How long do I have to make a claim for an accident at work?
You have three years from the date of your accident to start a claim against your employer and any other relevant parties. There can be exceptions to this rule such as if your accident occurred at sea or in the air.
How do I make a claim for an accident at work?
You may contact a member of our Personal Injury team for a no-obligation chat on 01253 778231.