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What is Vicarious Liability and Contributory Negligence in the Workplace?

If you were involved in a workplace accident and would like to seek compensation for the injuries you sustained, knowing who could be held liable is crucial. It could be that the incident was caused by a work colleague in which case your employer could be held responsible. This is referred to as “vicarious liability”. If, however, you are held partly responsible for the accident at work that left you injured, a court could rule “contributory negligence” and as such the level of accident at work compensation would be reduced accordingly.

Employee Injury At Work Advice

The Definition of Vicarious Liability

If you were involved in an accident at work that left you injured and your employer could be held partly responsible or the incident was caused by another person, whether a work colleague or other staff. In a working environment, this is referred to in law as “vicarious liability” when filing a personal injury claim. An employer can be held responsible for not only the actions but the omissions of other workers and staff providing you can prove that the accident that left you injured occurred in the workplace and it happened in the last 3 years.

Vicarious liability in the workplace applies to employers who can be deemed responsible for the actions of their employees, other staff and people who are “under the control” of an employer when they are working for them which includes contractors. Should an employee cause an accident that injures a work colleague or acts in such a way that it causes a work mate harm, the employer could be held liable. With this said, the law pertaining to vicarious liability has been extended over time.

A lot of employers do not realise they could be held responsible for the actions of all their employees and other staff in the workplace. Not only does this cover workplace injuries caused by work colleagues, but it also includes the following conducts and behaviour of all employees which are listed below:

  • Harassment in the workplace
  • Bullying at work
  • Violence in the workplace
  • Discriminatory conduct

It is worth noting that you have the right to file legal action against your employer for the conduct of third parties which includes customers and clients with the proviso that the people behaving in this way are “under the control” of your employer.

How Is Vicarious Liability Proved?

To prove vicarious liability, you must show that a work colleague or other person caused an incident or behaved in a detrimental way during the course of their work and not in a personal capacity. Your employer’s liability continues even if the work colleague who caused an accident or whose behaviour was unacceptable in the workplace, no longer works for the business/company.

Your Employer’s Responsibility in the Workplace

Not only does your employer have to keep you safe from harm and injury while you are in their employment, but they must also take all possible steps to prevent “unwanted” conduct or behaviours in the workplace. Measures that should be set in place include the following:

  • Equal opportunity policies should be kept up-to-date
  • Anti-discrimination training should be provided to all employees and other staff

Case Study of Vicarious Liability in The Workplace

The case study below explains how an employer can be held liable for an accident at work that occurred due to the error of one employee which caused the death of another member of staff.

In 1937, an employee named Mr. English was crushed to death when a work colleague started the machinery he was working on. The dead man’s family filed a lawsuit for compensation against the employer, Wilsons & Clyde Coal Co. Ltd. However, the employer disputed the claim stating that Mr. English contributed to his death because he had not made his work colleague aware that he was present when the accident at work occurred.

The case went to the House of Lords, where the employer was deemed liable for Mr. English’s death because they failed in their duty to provide a safe working environment, ruling that the employer’s “duty was non-delegable”. In short, even though the accident at work which resulted in the death of Mr. English, was caused by another employee, the employer was deemed vicariously liable.

As previously mentioned, since the 1937 case involving the death of Mr. English, the law pertaining to vicarious liability has been expanded by way of many different accident at work claims that have gone before judges.

The Definition of Contributory Negligence in a Workplace Accident

With the introduction of the Law Reform (Contributory Negligence) Act 1945, contributory negligence was ruled no longer a “complete defence”. With this said, should a court rule that you contributed 100% to your injuries in a workplace accident, your accident at work claim against an employer would not be upheld.

Contributory negligence is assessed by a judge who would decide to what degree an employee may be held liable for the injuries sustained in a workplace accident. A judge would take into consideration whether an employee’s actions were reasonable when it came to taking “risks” while carrying out a job they were tasked to do. Other factors that would be taken into consideration when determining contributory negligence in the workplace are as follows:

  • An employee’s age
  • An employee’s work experience

With this said, less would be expected of a younger employee who does not boast much work experience than of an employee with many years experience under their belts. However, if it can be proved that an employee acted recklessly by ignoring Health and Safety regulations or working practices and procedures, a court would rule contributory negligence on their behalf, regardless of age and work experience.

It is also worth noting that all employees have a statutory duty to follow procedures and training when operating machinery or equipment in the workplace which is covered under regulation 14 of the Management of Health and Safety at Work Regulations 1999.

Where contributory negligence in an accident at work is an issue, it applies to cases where the employee or other person is deemed partly responsible for the incident happening and therefore, they contributed to the fact they suffered an injury or harm in the workplace. This is set out in Section 1 of the Law Reform (Contributory Negligence) Act 1945.

In short, if you are held partly responsible for the injuries you sustained in an accident at work, the amount of compensation you may be awarded in a successful personal injury claim against an employer, would reflect the level of liability that is attributed to you. An example being as follows:

  • If a court rules that you are 25% to blame for the injuries you sustained while you were at work, the level of personal injury compensation you would be awarded, would be 25% less than if your employer was held fully responsible

How is Contributory Negligence Proved?

When it comes to proving contributory negligence, your employer would have to show that you could be held partly responsible for the accident at work that left you injured. It is up to the “defendant” (your employer) to show that contributory negligence can be argued against you. Some examples are listed below:

  • You performed a potentially hazardous job when you were tired having not had enough sleep when you should have stopped or told your employer you were not fit to carry out the task
  • You operated machinery or equipment and failed to follow the training you had received

However, it could be that you were not provided with adequate training to carry out a job and as such you suffered some kind of injury. In which case, your employer would be deemed negligent in their duty to provide adequate and ongoing training and as a consequence you were injured while in their employment. Other reasons why your employer could be deemed partly liable for your injuries includes the following:

  • Your employer failed to provide you with the correct protective personal equipment (PPE)
  • You were asked to cut corners to speed up a job you were tasked to do by your employer

A court could rule that you contributed to your injuries and thus find contributory negligence as follows:

  • As a “claimant”, it could be ruled that you were anything from 1% to 99% responsible for the injuries you sustained in a workplace accident although where incidents that involve employees are concerned, contributory negligence is generally well under 50%

How is Contributory Negligence Calculated?

Contributory negligence is calculated on the “percentage” of liability you are deemed to have contributed to the injuries you sustained in the workplace. This “percentage” is then deducted from the amount of personal injury compensation you are awarded. An example being as follows:

  • A judge rules you are 50% to blame for the workplace injuries you sustained, you would lose 50% of the amount of compensation you receive in a successful claim against an employer

What Can Be Included in a Claim Where Vicarious Liability of Contributory Negligence Are Attributed?

As with all personal injury claims, you can claim for general damages and special damages, bearing in mind that the amount awarded in a claim where contributory negligence is attributed would be decreased by the level of responsibility you are judged to have contributed to the workplace injuries you sustained.

  • General damages are awarded for any pain and suffering you had to endure as a result of having been injured in a workplace accident. The amount you would receive would correspond to the severity of the injuries you sustained. Should your injuries be catastrophic, you would be awarded a higher level of accident at work compensation than you would if the injuries you suffered were minor
  • Special damages are awarded to compensate you for all your out of pocket expenses. These have to be as a direct result of the workplace injuries you sustained. As such, all receipts for travel and medical costs as well as other relevant expenses must be provided as proof when filing an accident at work claim against your employer

All personal injury claims are unique which means the level of compensation you would receive may differ from the amount awarded to someone else who was involved in an accident at work and who suffered injuries similar to your own.

Employee Injury At Work Advice

Should I Sue My Employer if I Am Injured at Work?

All employers who are involved in accidents at work are entitled to seek workplace injury compensation providing their claim meets specific criteria associated with personal injury claims. These are as follows:

  • That the workplace accident occurred in the last 3 years
  • That a third party or an employer could be held partly or fully responsible for the workplace injuries sustained

If you feel threatened in any way by your employer because you decide to seek compensation, you should discuss your concerns with a lawyer who specialises in accident at work claims because you may be able to sue your employer because they would be acting illegally.

Does An Employer Need to Have Liability Insurance Cover?

Employers must by law hold valid liability insurance and the amount of cover must meet the legal requirement of £5 million. The policy must be provided by a recognised insurance company and an employer should display it within the workplace. Failure to have the necessary liability insurance in place could mean that your employer would receive hefty fines which can be up to £2,500 a day.

Should you have been involved in a workplace accident and were injured, it would be your employer’s insurance provider who would deal with your case. The insurance company would enter into negotiations with a solicitor you choose to represent you in an accident at work claim whether you are partly responsible along with your employer or the injuries you sustained were caused by a work colleague with the latter falling under vicarious liability.

Do I Have Workers Rights Following an Accident at Work?

A worker’s rights are protected in the United Kingdom and this includes when involved in an workplace accident that leaves them injured, whether the injuries sustained are minor or a lot more severe. Your rights if you are injured in the workplace include the following:

  • You have the right to seek compensation by filing an accident at work claim against your employer
  • You have the right not to lose your job because you choose to seek compensation for the injuries you sustained while you were at work

If an employer attempts to fire you or to threaten you with redundancy because you file an accident at work claim against them, they would be acting illegally and as such, you should contact a lawyer who specialises in employment law. The reason being that the actions and behaviour of your employer could entitle you to seek further compensation from them by taking out further legal action out against them.

Does My Employer Have a Duty of Care Towards Me?

Many laws and Health and Safety Executive regulations have been set in place with an end goal being to keep all employees as safe from harm and injury as possible when they are in the workplace. Your employer must ensure that every reasonable measure has been applied to your working environment to reduce the risk of an accident occurring. Your employer’s duty of care towards all employees and people who visit the workplace include the following:

  • For all employees and other staff to receive adequate and ongoing training to carry out the jobs they are tasked to do in the workplace
  • For all tools, machinery and equipment in the workplace to be kept in good working order and to replace items when necessary
  • That you are provided with all working procedures and practices
  • That you have access to personal protective equipment which must be correctly stored, maintained and replaced when necessary
  • To carry out risk assessments of a workplace on a regular basis with an end goal being to identify any hazards and dangers before setting in place all reasonable measures to reduce the risk of an accident occurring

Should your employer ignore regulations and the law which results in you being injured at work, they could be deemed liable and you may have the right to seek compensation.

What is The Time Limit To Making an Accident at Work Claim Against an Employer?

There is a statutory time limit that must be respected when filing a claim against an employer. However, this changes depending on the circumstances surrounding your injuries and when you suffered them in a workplace accident. The time limit begins as follows:

  • 3 years from the time you sustained a workplace injury
  • 3 years from the date of your 18th birthday should the workplace accident have happened before you were 18 years old
  • 3 years of the date you were diagnosed as suffering from a medical condition you developed that can be directly associated with the injuries you sustained while you were at work

Are There Any Benefits to Working With a Solicitor on an Accident at Work Claim?

Accident at work claims can be complex if it is not clear who could be held liable for the injuries you may have suffered. This is especially true when either vicarious liability or contributory negligence are involved. As such, it is best left up to an experienced lawyer to handle your claim. Having a solicitor working with you provides many advantages as well as benefits which includes having access to an independent medical consultant and/or specialist should this be required.

The medical report they would provide would be an essential part of your claim and would be crucial when it comes to calculating the level of personal injury compensation you may receive. Other advantages of working with an accident at work lawyer includes the following:

  • A firm of solicitors would offer to assess your accident at work claim in a no obligation, free consultation that can be carried out over the phone or if your case is more complex, in an arranged meeting at their offices
  • Once satisfied that you have a strong case against a negligent employer whether you were partly responsible for the injuries you sustained, or the accident was caused by a work colleague, the solicitor would offer to work with you on a No Win No Fee basis
  • The lawyer you work with would arrange for your injuries to be examined by an independent medical professional who would produce an expert report that would be used when calculating the amount of personal injury compensation you may be awarded
  • Lawyers can access legal libraries and can use “precedents” on which they can base your claim
  • A firm of solicitors who specialise in workplace injuries would abide by all pre-action protocols and would respect the 3 year statutory time limit associated with personal injury claims
  • Working with a No Win No Fee lawyer would ensure that the level of personal injury compensation you receive is an acceptable amount
  • Should your injuries be extremely severe and you require ongoing treatment and therapy, a solicitor would ensure that you are awarded interim payments until a final personal injury settlement is reached and they would arrange for you to receive specialist ongoing therapy

Would I Lose My Job If I File an Accident at Work Claim Against an Employer?

Your job is protected even if you decide to sue your employer for compensation following an accident at work that left you injured. If your employer chooses to make your working life difficult or they do any of the following, they would be breaking the law and you could take out further legal action against them:

  • Threaten you with the sack
  • Threaten you with redundancy
  • Treat you unfairly or detrimentally

Before doing anything, you should contact a lawyer who would provide essential advice on the best way to proceed because you may be able to sue your employer for acting towards you in this way on top of filing an accident at work claim.

Employee Injury At Work Advice

Informative Links

If you would like to know more about contributory negligence and how it may apply to an accident at work that left you injured, please click on the link below:

More about contributory negligence in the workplace

For more information on vicarious liability, please follow the link below:

More about vicarious liability

What Compensation Would I Receive for Chemical Poisoning Suffered at Work?

There are many industries that use hazardous substances and materials and this includes farms, beauty salons, laboratories and factories to name but four. Toxic substances can also be found in other working environments like shops, hairdressers and offices which exposes employees, other workers and people to them. If you suffer chemical poisoning in the workplace and you can provide evidence that it was through employer negligence, you could be entitled to seek compensation from them, to find out more please read on.

Employee Injury At Work Advice

An Employer’s Duty Towards All Employees and Workers

Your boss has a legal duty to ensure that you are kept safe from harm and injury while you are in their employment. Should they fail to do so and you develop some kind of health issue or suffer any type of injury at work, an employer could be deemed liable and they would have to pay compensation for the pain, suffering as well as any out of pocket you incur. This includes when you suffer chemical poisoning at work providing it can be proved that your employer was negligent.

The laws in the United Kingdom that cover working and handling hazardous material and substances are very strict. These are as follows:

  • The Control of Substances Hazardous to Health Regulations’ (COSHH)
  • The Health and Safety at Work Act

Failure to abide by the legislation and laws relating to hazardous material and substances which results in you suffering chemical poisoning could result in an employer being held liable and you could be entitled to receive compensation from them for the pain and suffering you endured through no fault of your own.

An employer must set in place the following measures:

  • Your exposure to hazardous material and substances is kept to a minimum
  • That risk assessments of your working environment are regularly carried out and all reasonable measures are set in place to keep you safe
  • To provide the correct and adequate personal protective equipment when handling hazardous and toxic substances and material
  • To provide adequate and ongoing training when handling and working with toxic and other hazardous materials and substances

What Hazardous Material Can Cause Chemical Poisoning in the Workplace?

There are various materials and substances that can lead to you suffering chemical poisoning in the workplace and this includes the following:

  • Fumes, vapours, mists and dusts
  • Gases
  • Biological agents – viruses and bacteria
  • Products that contain chemicals and other toxic substances an example being bleach

What Are the Effects of Chemical Poisoning?

The effects that can be experienced associated with chemical poisoning would depend on the toxic substance you come into contact with and the length of time you were exposed to it. However, many of the common conditions that you could develop include the following:

  • Occupational dermatitis
  • Asthma
  • Burns
  • Allergies
  • Damage to internal organs
  • Respiratory issues
  • Legionnaires or leptospirosis

If you develop a health condition as a result of chemical poisoning in the workplace, providing you have enough evidence that your employer was negligent in their duty to keep you safe from harm while in their employment, you could seek compensation for the pain and suffering you had to endure through no fault of your own.

What is the Definition of a Hazardous Material Accident at Work?

Any accident at work that involves hazards material and/or substances must be reported to the Health and Safety Executive (RIDDOR). If you were involved in an incident where hazardous material was present and you suffer chemical poisoning, you could be entitled to file for industrial disease compensation from your employer. One of the more common incidents occur when you ingest, inhale or absorb toxic chemicals through the skin which could be any of the following hazardous substances:-

  • Benzene
  • Chromium
  • Diesel and hydrocarbons
  • Arsenic
  • Carbon monoxide
  • Chlorine – found in swimming pools as well as other areas
  • Mercury
  • Dioxin – which is highly toxic
  • Polychlorinated biphenyls (PCB’s)

How Do I Start a Chemical Poisoning Claim Against an Employer?

If you were involved in a workplace accident where a hazardous material was present and as a consequence you developed chemical poisoning, you should seek medical attention as soon as possible before contacting a lawyer who specialises in this type of workplace personal injury claim. The firm of solicitors you contact would assess your claim against an employer and would request that you provide as much evidence as possible to support your case. This would include the following:

  • CCTV footage of where the workplace accident occurred if available
  • Photos of where the accident happened
  • The official report of the incident as recorded in the accident report book and RIDDOR
  • Witness statements together with their contact information
  • An official medical report of your condition

Contacting a firm of solicitors that specialise in hazardous and toxic substances claims as early as possible avoids any mistakes in filing a chemical poisoning claim being made and ensures that all pre-action protocols are respected. The first thing a firm of solicitors would do is assess your claim which they would do by offering a free, initial consultation. This first consultation can be carried out over the telephone or if your case is very complex, in a face-to-face meeting, either way there would not be a charge for the legal advice the solicitor provides.

The solicitor would also be able to organise for you be examined by an independent medical professional who would provide a more detailed report on the extent of the damage you sustained when involved in workplace accident where hazardous materials were present. This medical report is crucial as it would be used to calculate the amount of chemical poisoning compensation you may receive.

Because chemical poisoning claims are more complex legal processes, it can take longer for a settlement to be agreed, in which case, the solicitor you choose to work with, would ensure that you receive interim payments until a final settlement is reached whether your case goes to court or your employer’s insurance providers offers to settle the case “out of court”. If it is the latter, a solicitor would enter into negotiations with the insurance company to ensure the chemical poisoning compensation is a fair and acceptable amount.

What Level of Compensation Could I Receive For Chemical Poisoning?

All workplace accidents that result in employees and other people being injured are different because the circumstances leading up to the incident and the injuries sustained are never exactly the same. As such, the amount of chemical poisoning compensation you may receive could differ from the money awarded to someone else who suffered a similar workplace accident and sustained similar injuries.

A solicitor who specialises in this type of complex work-related personal injury claim would work hard to ensure that you receive a fair level of chemical poisoning compensation. It is noteworthy that the majority (95%) of all personal injury claims tend to be settled by an employer’s liability insurance provider and that most cases only have to go before a judge when an employer disputes a claim.

What Can I Include in a Chemical Poisoning at Work Claim?

There are specific things that can be included in all personal injury claims which are divided into two parts. These are as detailed below:

  • General damages are awarded as a way of compensating you for the injuries you sustained through no fault of your own in the workplace. In short, general damages are calculated on the pain and suffering you had to go through because of chemical poisoning
  • Special damages are awarded to compensate you for all the money you had to pay out as a result of having suffered chemical poisoning in the workplace. This includes all your medical expenses, the cost of having to travel to hospital or other medical facilities to receive necessary treatments and therapies, whether you travelled by car, taxi, train, bus or by any other means. As such, you must be able to provide the receipts of all the expenses you incurred because these would be needed in order to calculate the special damages you could receive

Should I Sue My Employer If I Suffer Chemical Poisoning at Work?

As previously mentioned, your employer must ensure that you are kept safe from injury and harm. It is a legal requirement for them to set in place all “reasonable” measures to reduce the risk of a workplace accident occurring. Your employer is also obliged by law to hold liability insurance and the provider must be a recognised insurance company. The policy must also meet the legally required cover which is £5 million.

Employee Injury At Work Advice

If you suffer chemical poisoning in a workplace accident through employer negligence or because of an error on the part of a work colleague and the incident occurred in the last 3 years, you have the right under the law to seek compensation for your pain and suffering. It could be that your injuries prevent you from working in the future or you may not be able to work for a period of time. This would mean that you would not be able to bring in a much needed salary which in turn puts you and your loved ones under financial pressure when things are already hard to cope with.

Seeking chemical poisoning compensation from a negligent employer would alleviate all the financial worries of not being able to bring home a wage and would ensure that you could afford any specialist treatments and therapies that you may need both in the short and long-term. It is also worth noting that if your employer does not dispute your claim, there is a very high chance that your case would be settled “out of court” with the insurance provider offering a final settlement. This would be negotiated by the firm of solicitors you choose to represent you in a chemical poisoning claim who would work hard to ensure the amount is acceptable.

What are My Rights Following an Accident at Work Involving Hazardous Materials?

Worker’s rights are protected in the United Kingdom and this is especially true if you are involved in a workplace accident that leaves you injured or harmed in any way. As such, if you suffer chemical poisoning at work, your worker’s rights are as follows:

  • To be awarded the level of compensation you deserve by filing a personal injury claim against a negligent employer
  • To know that you cannot be fired because you seek chemical poisoning compensation from your employer

When informing your employer of your intentions, they treat you detrimentally or unfairly which could include threatening you with redundancy or the sack, you should discuss your concerns with a solicitor who specialises in employment law before doing anything else which includes resigning from your job. The reason being that your employer could be acting illegally towards you and as such you may be entitled to file further legal action out against them.

What Are My Employer’s Responsibilities Towards Me in the Workplace?

Employers must ensure that they set in place all “reasonable” measures to reduce the risk of accidents occurring in the workplace. If your job entails handling and working with hazardous or toxic materials and substances, your employer must abide by the law as detailed above. Other responsibilities that an employer must respect when it comes to keeping you safe while you are at work, include the following:

  • That you are provided with the correct level of training to do a job and that you receive ongoing training at regular intervals
  • To ensure that you are made aware of all the working practices and procedures
  • That all the tools, equipment and machinery that is used in the workplace is in good working order and correctly maintained as per the manufacturer’s recommendations
  • That all personal protective equipment is in good condition, correctly stored, readily available and replaced with new when needed
  • To regularly set in place risk assessments of a workplace before setting in place measures to reduce the risk of harm and injury to employees, other workers and people who visit a working environment

Should your employer not abide by any of the above or they ignore any Health and Safety Executive regulations which results in a workplace accident that leaves you suffering from chemical poisoning, they could be held liable for the injuries you sustained and their insurance providers would have to pay you the compensation you deserve.

Are There Any Benefits to Working With a Solicitor on a Chemical Poisoning Claim?

Having a specialist accident at work solicitor work with you when filing a chemical poisoning claim against an employer, offers many benefits some of which are detailed below:

  • Once the firm of solicitors establishes that you have a strong chemical poisoning claim which they would do by offering a no obligation initial consultation, they would represent you on a No Win No Fee basis taking all the financial worries of how to pay for their legal services out of the equation. This allows you to place all your focus on your recovery
  • Lawyers have access to the legal libraries which allows them to look for “precedents”. This can be used as a basis when filing a chemical poisoning claim on your behalf
  • A specialist firm of solicitors would arrange for you to be examined by an independent consultant and their medical report would be an essential when it comes to negotiating your chemical poisoning compensation
  • Lawyers have vast experience when it comes to communicating with liability insurance providers and they are aware of all the pre-action protocols that must be respected when first making a personal injury claim against a negligent employer
  • The level of compensation you receive would be expertly negotiated by the solicitor you choose to represent you. This ensures that the amount you are awarded is acceptable
  • You only have to pay the solicitor the “success fee” that you agreed when signing the No Win No Fee agreement with them, when your case is upheld and the percentage that is payable is deducted from the amount of compensation you receive

What is the Time Limit to Making a Chemical Poisoning Claim Against My Employer?

If you were involved in a workplace accident where hazardous and/or toxic substances were present, you have 3 years to seek compensation from your employer providing you have enough evidence to validate your claim. The 3 year statutory time limit is as follows:

  • 3 years starting from the date that you were involved in a workplace accident that left you injured or harmed
  • 3 years starting from the date of being diagnosed as suffering from a medical condition that is directly linked to the workplace accident where hazardous chemicals were present
  • 3 years starting from the date your turn 18 years of age if the workplace accident happened before you were 18 years old

It is far better to start a chemical poisoning claim as early as possible because this type of personal injury claim can often be a long-drawn out, complicated legal process and gathering all the information needed to prove and strengthen a claim, can take a long time all in itself. Working with a solicitor can make the process a lot easier to understand and it will mean that you don’t have to worry about all the legal pitfalls associated with accident at work claims.

Can My Employer Fire Me For Filing a Chemical Poisoning Claim Against Them?

Your employer would be breaking the law if they threaten you with the sack or redundancy for seeking compensation from them if you suffer chemical poisoning in the workplace. As previously mentioned, you have specific “rights”, one of which is to seek compensation from an employer if they fail to keep you safe from injury and harm in the workplace.

A responsible employer would admit liability and would make sure that you receive the correct level of chemical poisoning compensation you rightly deserve. However, some employer’s may object and if they treat you unfairly or detrimentally when you inform them that you intend on filing a personal injury claim against them, you should contact a lawyer who specialises in employment law because you could also be entitled to file a detriment claim as well as take out further legal action against your employer.

Would a Solicitor Work on a No Win No Fee Basis on My Chemical Poisoning Claim?

As previously touched upon, once a firm of solicitors has established that your employer could be held liable for the injuries you sustained in a workplace accident involving hazardous materials or toxic substances, they would typically offer to work with you on a No Win No Fee basis. This allows you to place your main focus on your chemical poisoning recovery while the solicitor deals with all aspects of your claim.

Having signed a Conditional Fee Agreement, you would not have to pay the firm of solicitors an upfront fee nor would there be any ongoing payments to find as your chemical poisoning claim progresses. The CFA lays out the Terms and Conditions of the legal contract and it also sets out the percentage known as a “success fee” that would only be payable to the solicitor if you win your claim. The fee is then deducted from the chemical poisoning compensation you are awarded. Should you lose your case, you would not have to pay the solicitor for the legal representation they provided in a chemical poisoning claim.

Employee Injury At Work Advice

Informative Links

If you would like to know more about reporting an accident in the workplace that involves a hazardous substance to RIDDOR, please follow the link below:

More about reportable accidents 

To find out more about your worker’s rights following an accident at work, please click on the link below:

Your worker’s rights