I'VE HAD AN ACCIDENT AT WORK - HOW DO I MAKE A CLAIM?


Adam CresswellHi, I’m Adam Cresswell. I am an Accident Compensation Claim Legal Specialist. If you have had an accident then please call me to have a Free No Obligation Chat. I work on a No Win No Fee Basis so it will not cost you a penny to make a claim. I will work hard and fight for you to make sure that your claim is successful and see that you get the maximum amount of compensation that you are entitled to.

Please call me to have a free, no obligation chat about any Accident Claims on 0800 3 10 11 12 or contact us.

ACCIDENTS IN THE WORKPLACE


All employers have a basic legal duty to take reasonable care for the safety of their staff. If an employee has an accident at work and is injured then an employer can be held responsible for that accident if it can be proved that the employer is negligent. Employees are sometimes reluctant to sue their employers for an accident at work. The law requires employers to have insurance in place to pay out compensation in the event of an accident at work claim.

DUTY TO TAKE REASONABLE CARE


An employer’s duty to take reasonable care can be split into four main obligations. If they don’t then they can be held liable if an employee makes an accident at work claim. These duties are to provide:

  1. Safe equipment and plant.
  2. Safe and competent work mates.
  3. A safe system of work.
  4. A safe place of work.

The above duties exist in common law and laws have been created and developed over the years by decisions of judges in particular court cases. However a framework of statutory legislation and laws created by Parliament also cover the above duties and provide protection to employees.

SAFE EQUIPMENT AND PLANT


Employers must provide safe equipment and plant. This means that tools, machines and equipment used by employees must be reasonably safe and adequate for the purpose for which they were intended. This also means the employers must provide safe working premises. For example, if the floor is slippery or uneven the employers can be held liable if they knew of the defect or ought to have known of it.

Under the Employers Liability (Defective Equipment) Act 1969, employers will still be held liable for an accident at work claim to the employee for providing equipment that was made and manufactured in a negligent manner by another company. This avoids the potential problems of an employee trying to sue the manufacturer who may well be abroad or have gone out of business if an accident at work claim is processed.

SAFE AND COMPETENT WORKMATES


Employers are directly responsible for the negligence of their staff. If one employee is negligent and injures another employee, the injured employee who has an accident at work can sue the employee. Employers must take reasonable care when selecting and training their workforce. They must give proper information, instructions and training to ensure that their employees carry out their work in an environment that is safe to everybody.

SAFE SYSTEM OF WORK


Employers must have safe systems of work in place otherwise an individual can make an accident at work claim. This duty forces employers to introduce safe systems of work and ensure that the systems are maintained and modified as necessary. This includes areas such as the physical layout of work, the sequence in which the work is to be done, the giving of warnings and notices, providing information and training, and establishing safe working conditions. If employers fail to ensure that a safe system is in use and an employee then has an accident at work as a result the employers will be held responsible and will have to pay the employee compensation.

WHAT IF THE PLACE OF WORK IS NOT SAFE?


An employer must provide a safe place of work otherwise an individual can make an accident at work claim. This is a general duty that often overlaps with the others. There are various laws created by parliament that provide protection in this area.

HEALTH AND SAFETY EXECUTIVE


Employers are under a duty to report to the Health and Safety Executive any accident at work that involves major injury or death. These include fractures, amputations, or injuries that involve the injured person being hospitalised for more than 24 hours. Any major incident of an accident at work such as explosions collapse of equipment must be reported. The accident at work report must be made immediately and confirmed in writing within 7 days.

PRACTICAL TIPS IF YOU HAVE HAD AN ACCIDENT AT WORK


If you have an accident at work you should do the following: –

  • Report the accident in the Accident Book
  • Take names and addresses of any witnesses
  • Take photographs and make a sketch plan
  • Keep any evidence from the scene
  • Consult your doctor if you have suffered injuries
  • Keep a note and receipts of all your losses from the accident at work
  • Claim any welfare benefits that may be available
  • Seek legal advice

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Call us FREE on 0800 3 10 11 12 and find out how to solve your legal problem. Talk to one of our legal experts free today. We provide a FREE 15 minute initial chat to help you:-

  • Identify the legal issues in your case
  • Identify the evidence needed to assist
  • Identify the procedure and what you need to do
  • Identify any documents you may need in your case

Easy to understand guidesWe at Law for Life have created a number of straight-talking, simple guides to help you tackle your own legal problems. Our guides are provided for information purposes only and the content contained within does not constitute full legal advice specific to your particular circumstances.

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