Employers have a duty to provide you with a safe environment to work in and this includes making sure there is adequate lighting. Poor or inadequate lighting in the workplace puts you at greater risk of being involved in an accident that leaves you injured. Some of the most commonly reported incidents that result in employees being injured due to inadequate lighting are slips, trips and falls which can result in you suffering minor to very serious injuries.

If you were injured in the workplace due to inadequate lighting, whether your injuries are slight or a lot more severe, you could be entitled to claim compensation providing the incident occurred in the last 3 years and you can prove employer negligence. To find out more about injuries due to inadequate lighting at work, please read on.

Your Employer’s Duty of Care Towards You

Employers who do not provide a safe environment for you to work in, could be in breach of their duty to keep you safe from harm while in their employment. Should you be asked to work in a space that has poor and inadequate lighting and you suffer an injury, your employer could be deemed liable. However, it is worth noting that should your employer rent space in an office building, the management company or landlord of the building could be held responsible for an accident that occurs in a communal area that is inadequately lit. This includes in hallways, stairwells and entrances to an office building.

What is My Employer’s Legal Responsibility Towards Workers?

Employers in the UK have a duty to keep you safe in the workplace and they must carry out regular risk assessments to reduce the risk of injury to both employees and visitors to a place of work. Should your employer ignore the Health and Safety Executive regulations pertaining to lighting in the workplace and you suffer an injury, you should seek legal advice from an accident at work lawyer sooner rather than later.

Common Accidents at Work Due to Inadequate Lighting

As previously mentioned, slips, trips and falls are some of the most commonly reported accidents that occur due to non-existent, poor or inadequate lighting at work. Not being able to see can lead to employees bumping into objects, tripping over badly placed items or falling down stairs.

If you were injured in the workplace due to the area being inadequately lit, you could be entitled to make a claim and to be awarded a level of compensation to suit the injuries you sustained through no fault of your own providing the incident occurred in the last 3 years.

What Can I Include in an Inadequate Lighting Injury Claim?

As with all work-related and personal injury claims, a court would take into consideration several factors when determining how much you could receive in a successful claim for an injury sustained due to inadequate lighting in the workplace. A court would break down the amount you would be awarded into two categories as detailed below:

• General damages – cover the extent of your injuries and how they impact your ability to work and your future life
• Special damages – cover all the expenses you incur as a direct result of being injured in an accident at work due to inadequate lighting. This includes all your medical and travel expenses as well as care costs and any other therapies and ongoing treatments you may require

You must keep all receipts of the expenses and other out-of-pocket costs you had to cope with following an accident at work. This should also include the extra money you may have to pay out on increased heating bills because you were at home during the time it took you to recover from your injuries.

Should I Sue My Employer For an Accident Due to Inadequate Lighting?

You may suffer injuries that prevent you from working for a long period of time. Your injuries may be so severe that you are unable to carry out your normal job again. As such, you could be put under a lot of pressure both financially and psychologically. Filing for the compensation you deserve is perfectly normal given these circumstances as it would relieve any anxieties you may have about paying future monthly bills and other living expenses.

It is worth noting that your employer is legally required to have valid liability insurance in place for such eventualities and that it is the insurers who would handle and deal with your accident at work claim. It is your employer’s insurers who would settle your claim whether your case is heard before a judge or it is decided that your employer’s insurers should offer you an out of court settlement which is best negotiated on your behalf by an accident at work lawyer.

What are My Workers Rights Following an Inadequate Lighting Accident at Work?

All employees have rights when they are involved in an accident at work that leaves them injured. Should you have suffered an injury due to inadequate lighting at work, your rights include the following:

• To seek compensation for the pain, suffering and out of pocket expenses you incurred
• For your job to be safe even when you decide to sue your employer for compensation

Should your employer make your working life awkward because you seek compensation for the injuries you sustained, you should discuss your case with a lawyer who specialises in employment law. A solicitor would provide essential advice on how best to proceed in not only filing an accident at work claim, but a detriment claim too because an employer does not have the right to treat you unfairly should you claim compensation from them. You should never resign from your job without seeking legal advice beforehand.

Are There Any Benefits to Working With a Solicitor on an Inadequate Lighting Claim?

An accident at work lawyer would offer invaluable legal advice on how to go about filing for compensation against a negligent employer. Personal injury claims that are work-related can be complicated. As such, it is essential to get things started correctly when contacting an employers insurance company. All too often, claims are disputed which means that you would need as much evidence as possible to prove your case. A solicitor would advise you on what your employer’s insurers would require right from the outset of filing for compensation which can help speed up the process.

Another benefit of having a solicitor work with you on an accident at work claim, is that they have access to all the legal libraries which cover past work-related injuries sustained by employees due to inadequate lighting. This too can help when it comes to calculating an amount of compensation you may receive because past cases and the circumstances on how an injury was sustained could be taken into consideration. This is something that only a solicitor would have access to.

The injuries you sustained due to inadequate lighting at work may be such that you require ongoing specialist medical treatment and working with a solicitor would mean you would have access to the best treatment that is provided in the private sector. This includes specialist physiotherapy and other therapies that you may require. By contacting a solicitor who specialises in accident at work claims, you would be able to discuss your medical needs and the solicitor would be able to arrange for you to have the specialist treatment required during your recovery.

Is There a Time Limit to Filing an Inadequate Lighting Claim?

If you are thinking about filing an inadequate lighting at work claim against your employer, the accident at work time limits are detailed below:

• You have 3 years from the time you were injured to file for compensation
• Should you have developed a work-related medical condition, the 3 year time limit begins from the date you were diagnosed
• Should you have been injured when you were under the age of 18, the 3 year time limit starts from your 18^th birthday

Although 3 years seems like a long time to file an accident at work claim against an employer, more complex cases can last several years. By waiting for too long, you could miss out on the compensation that an employer owes you due to their negligence, even if you have all the evidence needed to prove your case. As such, it is far better to seek legal advice sooner rather than later, following an accident in the workplace that left you injured.

Can I Lose My Job For Filing an Inadequate Lighting Claim Against My Employer?

You cannot lose your job just because you choose to file an inadequate lighting claim against your employer. If your employer does show you the door, it is best to seek legal advice from an employment law solicitor who would offer essential legal advice on whether you could also make an unfair dismissal claim against your employer.

Would a Solicitor Work on a No Win No Fee Basis on My Inadequate Lighting Accident at Work Claim?

Should you have suffered injuries due to inadequate lighting at work, whether minor or more severe, it is best to seek legal advice sooner rather than later to avoid missing out on the compensation you may be entitled to. Most solicitors offer a free, no obligation consultation which allows them the chance to assess your case and to determine whether an employer or other third party could be held responsible for the accident at work that left you injured.

You would need to provide the solicitor with as much evidence as you can for them to satisfy themselves that your claim stands a good chance of succeeding and you would sign a Conditional Fee Agreement (CFA). This allows an accident at work lawyer to begin work on your claim without asking for any upfront money or retainers. The agreement provides details all the Terms and Conditions that a solicitor would adhere to when working with you on a No Win No Fee basis.

The contract also explains the amount of money payable to the solicitor on a successful inadequate lighting at work claim. If, your claim is not upheld or agreed to by your employer’s insurers, you would have nothing to pay for the legal services the solicitor provided. Another advantage to working with a No Win No Fee solicitor, is that the money you pay on a successful inadequate lighting claim is deducted from the compensation that you are awarded.

If you are involved in an accident at work and as a consequence suffer some kind of injury, whether minor or catastrophic, it can complicate your life in many ways. Not only would you need to take time off work to recover from your injuries, but it can also mean that you are put under a lot of mental and financial pressure too. Knowing what to do following a workplace accident is essential which includes what needs to be done immediately and what needs to be done a little further down the line. To find out more on what you should do when you are injured in an accident at work, please read on.

Get First-aid From Designated Work Colleague

All responsible employers have specific procedures in place which employees are instructed to follow should they be involved in an accident at work. This includes who they should turn to for first-aid when necessary. A well organised workplace would have a designated person or people who are in charge of first-aid. The designated person would be trained to administer first-aid to injured employees as an initial treatment following an accident in the workplace.

Some minor injuries can be treated with first-aid, but it is still important for the incident to be recorded in the accident report book. If there is no accident book, a record of the incident and your injuries, however minor, should be written down and sent to your employer, bearing in mind that you should keep a copy of the record for your personal files. This record is important should you find that you need further medical treatment for an injury you first thought was only minor.

Seek Medical Attention

Should you believe your injuries are only slight, you should still seek medical attention from either a doctor or by going to the Accident and Emergency department of a local hospital. If you suffered some kind of head injury, medical attention must be sought as soon as possible and you should be taken to hospital by ambulance with medics in attendance. It is also important to have a work colleague accompany you to hospital.

Being examined by a doctor or other medical professional ensures that the extent of your injuries are correctly diagnosed at the outset. All too often, what is thought to be a minor injury sustained in an accident at work, can turn into a more serious health issue further down the line.

Having an official medical report of your injuries would be needed should you decide that your employer was negligent in their duty to keep you safe and this resulted in you being injured in an accident in the workplace. With this said, the first and most important thing, is to focus on your injuries, anything else can wait until you regain your strength which includes thinking about filing an accident at work claim against your employer.

Make Sure Your Injuries and Accident at Work are Reported

Reporting an accident at work that leaves you injured is essential, bearing in mind that some workplace accidents are reportable to RIDDOR. If you are unable to file a report of the incident yourself because your injuries are so serious they prevent you from doing so, you should ensure that a work colleague can report the incident on your behalf, detailing the extent of your injuries too.

Having an official report of the incident and your injuries would be required should you decide to file a claim against your employer because they were in breach of their duty to keep you safe from injury and harm in the workplace. This record proves the accident occurred at work which makes it much harder for an unscrupulous employer or their insurers to dispute your accident at work claim.

An unscrupulous employer may apply a lot of pressure on your work colleagues so they deny the accident that left you injured occurred. A written report of the incident provides the evidence needed to prove your case. Another important point about filing an official accident at work report, is that it alerts other workers to the hazard and could go a long way in preventing them from suffering similar injuries.

Make Sure The Accident and Your Injuries are Reported to the Person in Charge

It is also essential that the accident and your injuries be reported to the person in charge as soon as possible following an incident. A responsible employer would have specific reporting accident at work protocols in place which all employees must follow. Should you have sustained severe injuries, your employer has a legal obligation to report the incident to the Health and Safety Executive, bearing in mind that this would depend on the circumstances surrounding the accident and the amount of time you would need to take off work.

It is worth noting that by not following a company’s procedure or staff manual when it comes to accidents at work, could mean that you are in breach of your contract. With this said, all accidents at work and “near-misses” should be officially reported to the person in charge and all procedures must be adhered to.

Proving liability for an accident at work from the outset makes filing a claim much less of a challenge. Should you believe you are to blame for your injuries or the person in charge places the blame on you, it does not necessarily mean that an employer could not be deemed responsible. A solicitor who specialises in accident at work claims would ascertain whether your employer was negligent in their duty to keep you safe from harm and injury while at work which could strengthen your claim considerably.

Ensure Someone Makes a Record of the Accident and Your Injuries in the Accident Report Book

All businesses and companies should have an accident report book which must be easily accessible by all employees. With this said, very small businesses are not obliged to keep an accident report book, but this does not mean a record of an incident should not be officially noted. An unscrupulous employer may not want to keep an accident report book because they place their focus more on performance targets than safety in the workplace. Whether you intend on filing an accident at work claim against an employer or not, you should always insist that an incident that leaves you injured whether your injuries are slight or more severe, is recorded.

You can either choose to send details of the accident at work that left you injured to your employer via a letter which you should send “recorded delivery” or by emailing the details to them from your personal email account. This way, an unscrupulous employer would not be able to delete the record of the incident.

It is worth noting that should your employer flatly refuse to make a record of your accident at work, you may have grounds to resign from your job and then to file a constructive dismissal claim against them. With this said, it is always best to seek legal advice before taking such a drastic step as resigning. A solicitor who specialises in employment law would be able to offer essential advice before making such a major decision.

Find Out if The Incident and Your Injuries are Reportable to RIDDOR

Employers are legally obliged to report certain accidents and injuries to the relevant authority which is known as RIDDOR. Should an employer be in breach of this duty, they could be liable to a hefty fine which can be up to £20,000. With this said, it is always worth checking if the injury you sustained in an accident at work is a “reportable” incident which you can do on the Health and Safety website before making sure your employer has reported it as they are legally obliged to do.

Make Sure You Have Photos of the Accident and Your Injuries

Having evidence and proof that the accident that left you injured at work, is essential should you choose to file for compensation against your employer. An unscrupulous employer may choose to dispute your claim and if you do not have enough evidence to prove your case, it could make it a lot more challenging for a solicitor to defend your claim.

You should take photos of where the accident at work occurred which you can do using your phone. If there is CCTV in the workplace, ask if you can have a copy of the video. Having photos and videos of where the incident occurred and the circumstances surrounding the incident, helps strengthen your case and it also means an unscrupulous employer cannot carry out repairs or put in place safety measures that should have been there before you were injured in an accident at work.

It is worth noting, that you could never have enough proof and evidence when it comes to accident at work claims. As such, the more photos you have of your injuries, where the incident occurred, the stronger your accident at work claim would be.

Make Sure You Get Witness Statements From Work Colleagues

Getting as many witness statements as you can from the people you work with is also essential. The reason being that your injuries may prevent you from being at work for a period of time. It is during the time you are off work that an employer may set in place measures to improve employee safety which would be perfectly acceptable and normal. However, an employer might also use this as an opportunity to cover up what was essentially a hazardous environment for you to work in.

It is also worth asking whether a work colleague would be willing to record any changes an employer makes to the working environment and whether they would keep you updated of new measures that are set in place while you are off work recovering from your injuries.

Should an unscrupulous employer decide to investigate an accident at work while you are  recovering from your injuries, a co-worker who is willing to be a key witness to the incident, could make sure the correct details of both the accident and your injuries are properly recorded, all of which would support and strengthen your accident at work claim.

Get a Medical Report and Keep a Diary of Your Symptoms

Many solicitors who specialise in accident at work claims, recommend that you make a record of all your symptoms from the time you are injured and throughout your recovery. The reason being that a doctor or nurse, may not record the details of all the symptoms you are experiencing because they place their main focus on the most severe injuries you sustained.

All too often, what is initially thought of as a minor injury can quickly turn into a much more serious health issue at a later date. This can even result in a debilitating, long-term condition that could be deemed more significant when filing an accident at work claim against an employer. As such, having an official medical record of minor injuries is crucial because further down the line, a specialist may find it challenging when it comes to proving that a health issue you are suffering from was caused by the accident at work that left you injured earlier in time.

It is also worth noting that some workplace injury claims can take years to settle which is especially true if your injuries happen to be complex and you need long-term medical care and treatment. This is when keeping a diary of your injuries/symptoms and having initial medical records that detail even the minor symptoms you were experiencing, can make filing a successful claim against an employer a lot less challenging.

Attend Follow-up Hospital or Doctor Appointments

It is also good practice to attend follow-up appointments either with your doctor or at a local hospital so that your injuries can be regularly assessed throughout your recovery. Even if you think you are recovering well, having several official medical reports can help strengthen your claim. The reason being that should you have only been examined by a medical professional when you were first injured, it may mean that an expert might believe that it only took a few months for you to recover from the injuries you sustained in a workplace accident. More serious injuries would require that you are seen by a doctor or other medical professional more frequently during your recovery and this can have a bearing on how your injuries are perceived by a medical professional who is assessing your claim.

It is worth noting that it is a medical expert who would establish the extent of the injuries you sustained and by providing several medical reports would help determine how serious your injuries were. It is also note-worthy that all NHS costs incurred would be paid for by an employer’s insurers on a successful accident at work claim.

Should You File a Grievance Against Your Employer?

You have every right to file a grievance against an employer should you be involved in an accident at work that leaves you injured. Should your employer object to you doing this, you should seek legal advice from a solicitor who specialises in accident at work claims. The reason being that you may be entitled to file a whistleblowing employment claim against your employer too, more especially if you followed the correct protocols when writing your grievance letter no matter what the outcome of an accident at work investigation happened to be.

It is also worth noting that should an employer fail in their duty to investigate your grievance, you may be entitled to file a constructive dismissal claim against them which a solicitor who specialises in employment law would be able to advise you on before you take any action which includes resigning from your job.

 Make Sure You Record All Your Out-of-Pocket Expenses

When filing an accident at work claim against your employer, it is important to keep a record of all the expenses you incur as a direct result of having been injured in the workplace. This includes keeping all of the following receipts which would be needed as evidence of the out or pocket expenses you had to pay out:

• Travel receipts to and from hospital or another medical facility which you had to attend for necessary treatments. This includes whether you get there and back by car, train, taxi, bus or other mode of transport
• Medical expenses which includes prescriptions, specialist medical care and all other costs incurred for any treatments you require
• The cost of medical aids which includes neck braces, leg supports and anything else that you need to help you through your recovery
• All the pay which includes perks and bonuses you missed out on while recovering from your injuries
• Record all of your future loss of earnings should you not be able to go back to work because your injuries prevent you from doing so

Keep a Record of All Your Losses

You can also include any losses you incurred as a result of your injuries which includes not being able to go on a holiday that was pre-booked. Other losses could include the following:

• Care costs should you need assistance in the home
• The extra cost of heating bills due to staying at home during your recovery

The more proof you can provide of the losses you incurred as a direct result of having been involved in an accident at work that prevented you from attending your job, the more you could be compensated in a successful claim.

Does Your Employer Hold Information That Could Assist a Future Claim?

A solicitor who specialises in accident at work claims would recommend that you find out whether your employer has any information relating to the incident that left you injured and unable to work. This type of information may be invaluable should you wish to file a future claim against your employer. The sort of information your employer should provide would include the following:

• All correspondence relating to your accident at work and your injuries. This should include emails and your health files as well as any information that is in your personnel file

The Information Commissioner’s office website provides a lot of valuable information on Subject Access Requests which typically cost £10 and which you would receive in about 40 days or so, bearing in mind that once you receive the General Data Protection Regulation (GDPR), the £10 fee is no longer applicable.

It is important to note that you must submit a Subject Access Request before you file an accident at work claim against your employer. The reason being that should you begin a claim before making the request, your employer could object stating they were not given the opportunity to comply with any request you made of them beforehand.

Your employer could argue instead that they are therefore only obliged to disclose a certain amount of information which they can do because when it comes to personal injury claims, there are a lot more restrictions than other provisions as laid out in the Data Protection Act of 1998.

Seek Legal Advice From An Accident at Work Solicitor

These days, the majority of solicitors work with clients who suffer injuries in accidents at work on a No Win No Fee basis. By contacting a lawyer you would be offered a free, initial, no obligation consultation and it is during this first meeting that the solicitor would determine whether you have a strong claim against a negligent employer. Once this has been established and providing there is still enough time left on the 3 year deadline, a solicitor would take on your case on a No Win No Fee basis. As such, you would not have to worry about finding the money to pay the solicitor a retainer or upfront fee because of the Conditional Fee Agreement you entered into.

The agreement provides all the relevant details pertaining to the “success fee” that would only be payable on a successful accident at work claim and the Terms and Conditions of the contract. A great benefit to working with a No Win No Fee lawyer is that the “success fee” is taken from the amount of compensation you are awarded. In short, you would not have to find the funds to pay this either. Should your accident at work claim not be successful, you would not have to pay for the legal services a No Win No Fee solicitor provided.

Helpful Links

HSE Reporting accidents and incidents at work

NIDirect – Accidents in the workplace

Citizens Advice Accidents at work – overview