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What Accident at Work Pay Entitlement Would I Get if I Am Injured?

What Are My Rights if Injured in an Accident at Work?

Employee rights when injured in an accident at work in the UK are vigorously protected. Your employer is legally obliged to adhere to Health and Safety Executive regulations and certain accidents must be reported to RIDDOR, failure to do so could result in a hefty fine being levied by the enforcing authority. You would be eligible to receive specific pay entitlements and benefits. The rules and regulations are designed to protect you and all employees in the workplace.

It is worth noting that should you feel that your working environment is unsafe, you should take steps to alert your employer and other authorities if necessary. If you are a member of a trade union, you should notify your representative of your concerns who would then contact your employer to resolve any problems or hazards in the workplace. If you are not a trade union member, you can contact a representative of the Health and Safety Executive directly to voice your concerns.

Should you feel that you are in immediate danger of being injured, you have every right to protect yourself by not going to work until any dangers or hazards have been resolved. It is an employer’s duty to set in place all reasonable measures to keep you safe from injury and harm while you are in their employment.

Even if a work colleague causes an accident at work that results in you sustaining injuries, your employer could still be deemed liable and you would have every right to seek compensation. This includes any pay entitlement you may be eligible to receive, bearing in mind that your employer cannot stop you from doing so because they would be in breach of your rights if they do.

Your employer is also legally required to have valid liability insurance to cover workplace accidents in which employees are injured, and to cover any health related claims filed against them. This liability insurance that employers are legally required to have, should cover accidents at work caused by work colleagues too. As such, it is your employer’s insurance provider who would deal with your accident at work claim and not your employer. Should your case be upheld by a court or the insurance provider offers you an out of court settlement, it is the insurer who pays the amount you are awarded.

These rights following an accident at work apply to all “employees” which includes agency workers, temporary staff and all other people working for an employer who is in “control” of the duties that staff are tasked to carry out. As such, the pay entitlements are the same.

Your Rights To Industrial Injuries Benefits When Injured in an Accident at Work

Apart from being entitled to file an accident at work claim against an employer, you may also be entitled to claim Industrial Injuries Disablement Benefits (IIDB). This type of pay entitlement applies to certain cases. The criteria that must be met to receive this benefit is detailed below:

You were an employee at the time the accident at work occurred
You were taking part in an approved “training scheme”, an event or course when you were injured
You were injured in an accident at work or developed a work-related medical condition when working for an employer in England, Scotland or Wales

It is noteworthy that certain exceptions apply which can be found on the government website. You may also be entitled to claim disability benefits should you have developed a work-related disease of which over 70 are covered by the scheme. These include the following:

Asthma
Chronic obstructive pulmonary disease (COPD)
Loss of hearing
Asbestos related diseases

If you were involved in an accident at work or developed a work-related medical condition, you should discuss your case with an accident at work solicitor who would provide essential advice on whether they could represent you on a No Win No Fee basis when filing a personal injury claim against a negligent employer.

Do I Get Paid If Hurt At Work?

Should you develop a medical condition or be injured in an accident at work which results in you having time off, you would be eligible to the following pay entitlements:

Statutory sick pay (SSP) – the amount you receive would depend on the sick pay policy that your employer has in place. You may find that you would only be entitled to receive SSP which is currently set at £89.35 for up to 28 weeks, bearing in mind that your employer may add to this amount with extra payments/sickness benefits
You would also be entitled to include your “loss of earnings” when filing an accident at work claim against your employer, whether you received statutory sick pay or not, and this would be factored into any loss of income compensation you are awarded in a successful injury at work claim

Can My Employer Fire Me For Filing an Accident at Work Claim Against Them?

Your employer must have good reason for firing you other than the fact you have chosen to file an accident at work claim against them. If you are shown the door without “good reason”, you should contact a solicitor who specialises in employment law because the chances are you could also be entitled to file an “unfair dismissal” claim against your employer too. In short, your employer cannot legally sack you for seeking compensation and receiving the pay entitlement you rightly deserve for an injury you sustained in an accident at work.

What Pay Entitlement Can be Claimed Following an Accident at Work?

You can claim specific pay entitlements following an accident in the workplace that resulted in you having time off work to recover from your injuries, whether physical or psychological. You should always seek medical attention even if you believe your injuries are only minor because further down the line, you may find that the extent of the damage sustained, was much more serious than you first thought.

Having an official medical report helps strengthen your case against a negligent employer. It is crucial evidence when it comes to calculating any pay entitlements and benefits you may be awarded in a successful claim.

The Evidence Needed to Prove Pay Entitlements Following an Accident at Work

When you are injured in an accident at work, there are specific steps that must be taken not only to prove the incident occurred while you were working, but also as proof of any loss of earnings and other benefits you missed out on during your recovery. These essential steps are detailed below:

That the accident and your injuries are officially recorded
That the incident is reported to the correct person, whether an employer or person in charge
That you have photos of where the accident occurred and of the injuries you sustained, ideally these should be taken prior to receiving any kind of treatment
That you have CCTV footage of the accident – if available
That you have witness statements and their contact details
That you have an official medical report of your injuries which details all the symptoms, including those that are minor

All of the above is essential evidence that is required when seeking pay entitlements as part of your accident at work claim against a negligent employer.

Should You Claim Your Accident at Work Pay Entitlement When Seeking Compensation?

You have every right to be awarded a level of compensation that is in line with the injuries you sustained in an accident at work as well as any financial losses you incurred through no fault of your own. As such, you can include all the pay entitlements you would be eligible to receive having suffered injuries in the workplace.

As previously mentioned, all employers in the UK are legally required to have liability insurance in place which not only covers accidents at work suffered by employees but compensation claims for medical conditions that workers may develop too. As such, the pay entitlement you would receive is settled by your employer’s insurance provider on a successful accident at work claim, bearing in mind that you would also receive the statutory sick pay (SSP) for the time you are unable to work which covers you for up to 28 weeks. You may receive more if your employer’s sick pay policy is higher and includes other sick pay entitlements too, even if you are off work because you were injured in an accident at work.

Working With a Solicitor on a No Win No Fee Basis

Legal representation can be expensive which is why many employees who were involved in accidents at work were put off filing for the compensation they should have received. As such, No Win No Fee structures were set in place which involve both a solicitor and an injured party signing a Conditional Fee Agreement. When you sign a CFA, you agree to pay a solicitor a “success fee” which is the percentage payable on a successful claim. Should your case not be upheld by a judge, there would be nothing to pay for any of the legal representation a solicitor provided.

Entering into a No Win No Fee agreement with a solicitor allows them to begin work on your case without having to request any money upfront. Another great advantage of working with No Win No Fee solicitor is that the “success fee” is taken from the amount you are awarded, whether it is through a court or directly from your employer’s insurance provider, should they choose to settle your accident at work claim out of court.

What to Say to Employers When Injured at Work

Reporting and Recording an Accident at Work With Your Employer

It is essential to report all accidents and near misses to the person in charge of a workplace whether this is an employer or manager. If your injuries are such that you cannot report an incident yourself, a work colleague should do this on your behalf ensuring that all the details of the incident and your injuries are recorded correctly. You have every right to see the record to make sure this is so when you can.

Naturally, the first thing you should if you are injured in the workplace, is to seek first-aid from the designated person and to then seek medical attention from a qualified doctor. You may need to be taken to the Accident and Emergency department of a local hospital by ambulance and your employer should ensure that a work colleague goes with you.

With this said, once you are able to, you should discuss the circumstances that led to you being injured in an accident at work with your employer. This is essential because by doing so, you could avoid any unnecessary misunderstandings further down the line. An employer must listen to your concerns about safety in the workplace and why you believe you were injured while carrying out your normal daily tasks. Your employer should carry out an accident investigation which they may do while you are still recovering from your injuries.

Although it is perfectly acceptable for an employer to carry out an accident investigation as soon as possible, an unscrupulous boss may use the opportunity to cover up any reasons why the accident that left you injured occurred. If possible, you should ask a work colleague to keep note of any changes that an employer sets in place while you are off work and to take photos of these as an official record. This would be essential when establishing liability for your injuries once you file an accident at work claim against an employer you believe was negligent in their duty to keep you safe at work.

A responsible employer would always put the welfare and the safety of their employees first over anything else which includes productivity and targets. They would always be willing to listen to any concerns you may have about safety in the workplace. A good employer would be extremely concerned should you be injured during the course of carrying out your normal duties and would do their best to ensure that you are compensated correctly for the pain and suffering you had to cope with if you are injured through no fault of your own while at work.

The 5 Stages of an Accident at Work Investigation

As previously mentioned, an employer would want to carry out an accident at work investigation with the 5 stages being detailed below:

Reporting the accident – whether this is only “internally” in an accident at work report book or with RIDDOR should the incident be “reportable” by law
Collecting information and evidence – not only is gathering as much evidence and information of an accident at work as possible is essential, but your employer too should gather proof of why the incident occurred
It is important for all the evidence and information to be correctly analysed to determine why an accident at work occurred
It is also crucial for risks, hazards and dangers to be identified and to establish whether any measures in place were in fact, inadequate
Once a risk assessment has been carried out, an employer must set in place measures to reduce the risk of an accident occurring in the workplace which must include things like reviewing risk assessments, employee training programmes and to discuss all concerns with staff

A responsible employer would keep you appraised of everything they discovered during an accident at work investigation, even if you are still recovering from the injuries you sustained and as such, still off work.

Is the Workplace Safe For Employees to Work In?

If you have any concerns about your safety having been injured at work, you should discuss any issues you have with your employer who must ensure that the following is in place:

Buildings and work areas are kept in good repair
The workplace is safe and equipment/machinery/tools work efficiently
Dangerous defects and hazards are dealt with immediately and to protect all workers who may be at risk
Set in place necessary precautions of items/goods falling onto employees/people visiting
Cover or fence off all floor openings when not being used such as vehicle examination pits
That employees have adequate space to work in and to access
Safety glass to be used where necessary
Floors, stairs and corridors are kept tidy and free of any sort of obstruction
That good drainage is provided in areas where workers work with wet processes
That windows can be opened and closed safely where installed to do so
Skylights and windows must be constructed and designed for safe cleaning with anchor points fitted where necessary
To use sand or salt to minimise the risk of accidents caused by snow or ice

When it comes to lighting, an employer must ensure the following in the workplace:

That a work area is correctly lit using natural light wherever possible while avoiding too much glare
Workstations should benefit from good lighting
Emergency lighting to be in place to be used when needed
Stairs, hallways and corridors to be well-lit
Outside areas should be well-lit

Should you feel that a work area is unsafe, you should discuss your concerns with the person in charge or employer. If nothing is done to correct a situation, you have every right to speak to a trade union or Health and Safety representative without the fear of being treated detrimentally by an employer. If you believe you are in immediate danger, you have the right to refuse to go to work until the area is made safe for you to be in.

Your Employer Must Listen to Your Concerns About Safety in the Workplace

Employees who work in diverse environments face a variety of different dangers and hazards. If you work in an office, you are less likely to suffer a burn than if you work in a kitchen as a chef. However, there are accidents that can happen in all working environments which includes slips, trips and falls with around 4 in 10 accidents at work injuries being due to this type of incident. Should you believe that your work area is unsafe, an employer or person in charge must listen to your concerns and put in place measures to make things right.

If you sustain any sort of injury because your employer failed to keep you safe from harm, you must inform them of the accident and tell them about the extent of the injuries you sustained as soon as possible. Should you not be able to do so, a work colleague or other person must do this on your behalf and your employer must make a record of the incident ensuring that a report is sent to RIDDOR should this be necessary.

Make Sure You Keep to the Chain of Command When Reporting an Accident at Work

Following an accident at work in which you suffer any sort of injury, it is important to follow the procedure that is set in place by an employer. If you have any concerns about the safety in a workplace it is important that you respect the chain of command to avoid any issues with an employer or person in charge who may object to not having been informed. It is important that an employer be given an opportunity to make things right but if they do not, you have every right to discuss the problem with a Health and Safety or trade union representative.

If you informed an employer or person in charge about your concerns over safety in the workplace and nothing was done to put things right which resulted in you being injured, you should contact an accident at work lawyer who would provide essential information on how best to proceed should you wish to claim compensation from your employer. The solicitor would also ensure you receive the correct level of accident at work compensation to suit your injuries.

An Employer Must Not Put Pressure on You Following an Accident at Work

If you are worried about filing an accident at work claim against your employer for the injuries you sustained or the work-related medical condition you developed, it is important to know that an employer can not put any pressure on you not to do so. You have a legal right to claim compensation providing you can prove your workplace injuries were sustained through no fault of your own but through employer negligence, and that the incident occurred in the last 3 years.

Should your employer threaten you with redundancy or that you would lose your job if you file a compensation claim against them, they would be breaking the law. They must not put any pressure on you which could entitle you to take further action out against them by filing a detriment claim against them.

An Employer Cannot Treat You Detrimentally

Your employer cannot treat you unfairly should you choose to file an accident at work claim against them. You cannot be treated any less favourably than other work colleagues. Should you feel that you are being treated unfairly, the best thing to do is contact a solicitor who specialises in accident at work claims and employment law because you may find that your employer has breached your employment rights by treating you less favourably than your colleagues.

To find out more about detriment claims, it is best to seek legal advice from a solicitor who would offer essential advice on how best to proceed should you want to take further legal action out against your employer.

Seeking Legal Advice From a Solicitor Who Specialises in Accident at Work Claims

A solicitor with experience in employment law and accident at work claims would typically listen to the circumstances surrounding the incident that left you injured by offering an initial consultation which is free of charge. Once a decision is made that you have a strong case against a negligent employer, you would be asked to provide as much evidence relating to your case as you can.

The solicitor would agree to take on your claim once you sign a Conditional Fee Agreement which is the basis for representing you on a No Win No Fee basis. As such, you would not have to pay the solicitor any money upfront for them to start working on your case and they would contact your employer’s insurance providers on your behalf notifying them of your intent in filing an accident at work claim.

The percentage you agree to pay a solicitor on a successful accident at work claim is known as a “success fee”. Should your accident at work claim not be successful, you would not have to pay the success fee because of the Conditional Fee Agreement you signed. It is also worth noting that the percentage payable is deducted by a No Win No Fee solicitor from the amount you are awarded.