Employees who are involved in an accident at work that leaves them injured or suffering from some sort of work-related health issue or medical disorder, and the incident occurred in the last 3 years through employer negligence, would be entitled to file for compensation. You may find that you could also be entitled to claim Industrial Injuries Disablement Benefit and if you lost a family member in an accident at work, you could be entitled to file a claim on their behalf against their employer.

With this said, many people who suffer injuries, an illness or health issue at work ask the question “who pays the compensation I may be awarded in a successful accident at work claim”? The answer is that all employers are legally required to have liability insurance in place to cover this type of eventuality. As such, it is your employer’s insurers who would pay the amount you may be awarded in a successful accident at work claim, bearing in mind that the majority of insurers prefer to settle an accident at work claim before it goes before a judge which is referred to as “settling out of court”.

What Are My Employer’s Legal Requirements?

All UK employers must have valid liability insurance in place which is a legal requirement for all businesses that employ one or more employees. It is worth noting that the minimum cover legally required currently stands at £5 million. Should an employer not have the required insurance in place, they could be liable to a fine which  is as follows:

• £2,500 for every day that employer liability insurance is not in place

However, it is also worth noting that some businesses/organisations are not required to have employer’s liability insurance because they are exempt and this includes the following:

• Businesses that employ close family members
• Businesses that employ workers who reside abroad – but employers must check any laws that apply to the countries of their worker’s origin
• Businesses that only work with contractors because they do not qualify as “employees”

Should you suffer an work-related health issue, medical condition or sustain and injury at work through no fault of your own and the incident happened in the last 3 years, you could file for compensation which would be paid to you via a court or directly by your employer’s insurers.

What Sort of Workers Qualify as Employees?

When it comes to who qualifies as an “employee”, this can prove somewhat complicated. However, the establish whether a person is an employee, the following applies:

• The business deducts National Insurance contributions as well as income tax from a worker’s salary and they do so at “source”
• The business provides all the tools and equipment needed to carry out a job

With this said, some sub-contractors may also be deemed to be “employees” whereas independent contractors and bona-fide sub-contractors do not. If you qualify as an “employee” and suffer an injury at work, seeking legal advice as early as possible can speed up the process of filing an accident at work claim considerably. The reason being that a solicitor would contact your employer’s insurers to ensure that things run as smoothly as possible from the outset.

What Would I Be Awarded in a Successful Compensation Claim?

There are certain things you would be awarded should your accident at work claim be successful which are detailed below:

General damages are awarded to compensate you for the following:

• Pain and suffering
• Your inability to do things you used to do before you sustained an injury in an accident at work. This includes hobbies, other activities and your ability to work

Special damages are awarded to compensate you for actual out-of-pocket expenses you incurred as a direct result of an injury, illness or other health issue you sustained in the workplace and could include the following:

• Medical expenses
• Travel expenses
• Loss of earnings
• Loss of future earnings
• Care costs

If you are filing an accident at work claim on behalf of a loved one who died, you could also be awarded funeral costs and any financial contribution your loved made to the home. The compensation you are awarded in a successful claim would be paid out by your employer’s insurance and would not be taken from the business profits.

An Employers’ Responsibilities Towards Their Employees

All UK employers have a duty of care towards all their employees which encompasses providing a safe working environment that is as free from hazards and dangers as possible. The law covers all aspects of a working environment and the job you are tasked to do. Employers must adhere to all the Health and Safety Executive regulations that are set in place to protect workers under the Health and Safety at Work Act 1974. Employers must also abide by the Work at Height Regulations 2005 Act.

Should your employer fail in their duty to keep you safe from harm and injury in the workplace and you develop a health issue or suffer an injury that prevents you from working for a short or longer period of time, you have every right to file an accident at work claim against them. The reason being that a court would deem your employer was in “breach of their legal duties”. The employer’s liability insurance that a business owner must legally have in place would cover the amount of compensation you are seeking when filing an accident at work claim against a negligent employer.

What If I Suffer an Industrial Injury at Work?

If you have sustained an industrial injury at work due to employer negligence because your employer failed to abide to any health and safety regulations or in their duty to provide a safe working environment, you would also have every right to file an accident at work claim against them. Should your employer do any of the following, it would entitle you to file an industrial injury at work claim:

• Agree to poor manual handling practices
• Expose you to any dangerous chemicals that are regulated under COSHHR (the Control of Substances Hazardous to Health Regulations)
• Poor maintenance of the workplace
• Poor design of the workplace
• Failure to provide sufficient or no training
• Failure to recognise potential health issues and illnesses in the workplace

The type of injuries you could sustain in an industrial accident at work could include any of the following:

• Broken or fractured bones
• Cuts
• Burns
• Amputations

On top of the injuries in the list above, you could develop an industrial disease which could negatively impact your health and well-being on a long-term basis. This includes suffering from the following:

• Vibration white finger
• Deafness
• Asbestosis

Whatever industrial disease, illness or injury you sustain in the workplace, proving liability a long time afterwards does not mean you cannot file a successful accident at work claim against a negligent employer, bearing in mind that the compensation you receive would be paid by your employer’s insurers.

Is It Worth Filing an Accident at Work Claim Against My Employer?

If you develop an illness or other work-related health issue, sustain an injury that prevents you from working for any length of time, you have every right to sue your employer and be awarded the level of compensation you deserve, providing you can prove an employer was negligent in their duty to keep you safe in the workplace.

This means providing enough evidence that your injuries were sustained in an accident at work because your employer failed to abide by Health and Safety regulations or that they did not provide the correct personal protective equipment to suit the job you were tasked to do, but whatever the reason, you should seek legal advice from a solicitor who specialises in accident at work claims as soon as possible. The reason being that many work-related claims are hotly defended from the outset which means you need as much legal advice as possible from the word go for your claim to be successful.

All businesses that employ one or more workers are legally required to have employer’s liability insurance in place and the legal minimum amount of cover must be £5 million. As such, the amount of compensation you may be awarded in a successful accident at work claim would be paid by your employer’s insurers.

A solicitor would negotiate with your employer’s insurers right from the outset of filing a claim for compensation which ensures the legal process is respected. This in turn means that things not only run smoothly, but it can speed up the procedure too.

How to File an Accident at Work Injury Claim

If you suffered an injury in the workplace or developed a work-related health issue, seeking legal advice as early as possible makes the process a lot easier to understand and cope with. This is especially true if you work with a solicitor who specialises in accident at work claims on a No Win No Fee basis.

You would need to provide as much proof and evidence as you can which can take time to gather. Having the assistance of a solicitor who specialises in accident at work claims, right at the outset ensures that the legal procedure is respected. it also ensures that the 3 year accident at work time limit is adhered to.

The evidence you would need to provide a solicitor is as follows:

• A medical report of your injuries
• The record of the accident at work that left you injured
• Photos or CCTV records of where the accident occurred
• Photos of your injuries before you were treated
• Witness statements
• Witness contact details

Once you have gathered all of the above and given the information to a solicitor who specialises in accident at work claims, they would contact your employer’s insurers to inform them that you intend of filing for compensation. If the solicitor establishes employer negligence, they would agree to work with you on a No Win No Fee basis and would request you enter into a Conditional Fee Agreement (CFA) with them.

Working with a Solicitor on a No Win No Fee Basis

If you are considering filing an accident at work claim against your employer because you believe they were responsible for the incident happening, you should seek legal advice as soon as possible. Most solicitors offer a no obligation, initial consultation which is free of charge. This allows them to establish whether you have strong case against your employer because they could be deemed negligent and therefore liable for your injuries. Once this has been established, a solicitor would offer to work on your accident at work claim on a No Win No Fee basis. You would sign a legal contract which is referred to as a Conditional Fee Agreement which not only sets out the percentage you would have to pay for the legal representation you receive, but also the Terms and Conditions of the contract.

Once you have signed the CFA, a solicitor can begin working on your accident at work claim without having to request an upfront fee and one of the first things they would do is inform your employer’s insurers that you intend seeking compensation for the injuries, illness or work-related health issue you suffered through employer negligence. This can speed up the legal process because your solicitor would be in a position to provide the insurers’ representative with all the relevant information and evidence required when making an accident at work claim.

Should your claim not be successful, you would not have to pay the solicitor for the legal representation they provided because they entered into a CFA with you. This in short means that the solicitor agreed to take on the risk they would not be paid should your accident at work claim be unsuccessful.

It became evident in the early 1900s that asbestos, the dust and the fibres this material produces is hazardous to people’s health and well-being. Over time, many asbestos claims for compensation have been made both against the manufacturers and employers who failed to protect their workers from the harmful effects of being exposed to asbestos which can result in fatal conditions like mesothelioma. If you have developed the condition as a result of being exposed to asbestos or the dust it produces, you could be entitled to file an asbestos claim against a negligent employer.

What Health Risks Are Associated With Exposure to Asbestos?

Apart from mesothelioma, if you have been exposed to asbestos fibres and/or the dust that is produced from the material, there are other very serious health conditions that you are at risk of developing and this includes the following:

• Lung cancer
• Asbestosis
• Pleural thickening – a thickening of the 2 layered membrane that surrounds your lungs
• Pleural Plaques – plaques form on the membranes that surround your lungs

Any worker or person who is exposed to asbestos fibres and dust is at risk of developing any of the above if they are not given the necessary protective equipment when handling it. An employer could be held liable if you develop mesothelioma or any other asbestos related illness if you can prove you were not kept safe from harm in the workplace.

What Are the Symptoms of Mesothelioma?

Mesothelioma is a serious health issue where small nodules form in the lining of your lungs and/or abdomen. Recognising mesothelioma symptoms can prove challenging because the tumours do not start forming and spreading until much later which is typically at about stage 3 or 4 of the cancer. When the symptoms of mesothelioma do manifest themselves, they are as follows:

• A dry cough
• Wheezing
• A shortness of breath which is known as dyspnea
• Respiratory issues and complications
• A pain in your chest or a pain in your abdomen
• Night sweats or fever
• Fluids building up around your lungs (pleural effusion)
• Muscle weakness
• Fatigue

The symptoms of mesothelioma are often picked up by a doctor should you need to undergo any routine x-rays or have any blood tests taken. However, very often if symptoms are not evident until the cancer has spread to other parts of your body making the condition extremely difficult to treat.

Who Can File a Mesothelioma Claim for Compensation?

As previously mentioned, anyone who works or handles asbestos is at risk of developing a very serious health issue. However, people who are simply exposed to asbestos fibres and dust is also at risk which includes the following:

• People who live close to a factory that manufactures asbestos or products that contain asbestos
• People who live close to a business that regularly uses asbestos
• Family members who live with someone who works with asbestos – this is because the harmful dust can be transferred to others in a household if they come into contact with the asbestos workers clothes. The dust can also be found on a workers hair or skin

Can I File an Mesothelioma Claim if My Employer Has Gone Out of Business?

If you developed mesothelioma because you were exposed to asbestos fibres and dust in the workplace and the company you worked for went out of business, you may still be able to file an asbestos claim against the company or employer by way of their insurers. Even if your condition is mild, you should still consider filing for compensation because more serious symptoms may present themselves further down the line which is common where asbestos-related diseases are concerned. Statistics prove that symptoms of an asbestos-related disease can be evident from anything from 35 to 50+ years of being exposed to this extremely harmful material, it’s fibres and dust.

Should I File a Mesothelioma Claim Against My Employer?

If you developed mesothelioma as a result of the work you do and believe your employer was negligent in their duty to keep you safe in the workplace, you have every right to file a mesothelioma claim against them. The condition is a serious health issue and it could mean you are unable to work again. As such, the compensation you would be awarded in a successful claim would help you cope financially bearing in mind that you may need ongoing care and therapy for the remainder of your life.

What is the Time Limit Associated With Filing an Mesothelioma  Claim?

Under UK law, you must file an asbestos claim within 3 years of the date that you were first made aware of your condition, in short, the date you diagnosed by a medical professional. However, if you are filing an asbestos claim for a family member who passed away having developed mesothelioma or another asbestos-related health issue, the time limit to file a claim is as follows:

• Within 3 years of the death of the family member
• Within 3 years of the date that you were made aware that the family member’s death was asbestos related but this was only discovered after their death during an post-mortem examination or as a result of a coroner’s inquest

What is My Employer’s Duty of Care Towards Me in the Workplace?

All employers in the UK are legally required to keep you safe from harm and injury in the workplace. If they fail in this duty and you develop mesothelioma at work as a direct result of employer negligence, you have every right to file an asbestos claim against them because they could be held liable. Employers must provide you with the correct personal protective equipment (PPE) if you work with hazardous or dangerous material like asbestos and they must do the following:

• Ensure you are provided with the correct personal protective equipment (PPE) when handling hazardous or dangerous materials like asbestos
• Provide sufficient training to suit the job you do

If you develop mesothelioma because your employer ignored any of the above, you could be entitled to file an asbestos claim against them.

What Can I Include in a Mesothelioma Claim?

There are certain things that you can include in a mesothelioma claim against a negligent employer which are detailed below:

General damages – the compensation you are awarded for general damages are as follows:

• Your pain and suffering which you had to cope with as a direct result of having developed mesothelioma at work
• Physical impairment and injuries which covers the fact that you may be left unable to work because of your condition
• The mental anguish and the mental pain you had to endure as a direct result of suffering from mesothelioma
• Any loss of companionship you had to cope with
• The loss of your career because your condition prevents you from working
• The fact you may have difficulties finding another career because you suffer from mesothelioma

Special damages would be awarded in a successful mesothelioma claim to reimburse you for all the expenses you incurred as a direct result of having developed mesothelioma in the workplace and could include the following:

• Your medical expenses both short-term and long-term that are required to treat your conditions which includes the costs of consultations, prescriptions and other medication, your hospital stay as well as any diagnostic tests that are necessary in diagnosing and treating your condition on an ongoing basis
• Your travel expenses travelling to and from a medical facility or hospital whether you go by bus, train, car or taxi
• Your loss of income and this includes bonuses or other perks you missed out on because you were unable to attend your work
• Your future loss of earnings should you not be able to work again

Would My Mesothelioma Claim be Successful?

To prove your asbestos claim and for it to be successful, you would have to overcome four main obstacles which are as follows:

• You would need to provide a full medical report detailing your symptoms and the fact you have developed mesothelioma and the report must be provided by a medical professional who specialises in respiratory diseases
• You must be able to prove that your exposure to asbestos fibres or dust happened in the workplace or because you spent time close to a company or business that produced or handled asbestos products
• You must also be able to prove that your employer or company you worked for were aware of the risks you were exposed but failed in their duty to keep you safe from harm in the workplace
• You would have to prove that the company or your employer failed to inform you of the risks of developing a health issue and that they failed to provide you with adequate protective wear (PPE)

What Are My Rights If I Develop Mesothelioma at Work?

All employers in the UK must by law, keep their employees safe from harm in the workplace. If your employer fails in this duty towards you and you develop mesothelioma as a direct result of their negligence, you could be entitled to file an asbestos claim against them and be awarded the level of compensation you rightly deserve for the pain, suffering and out of pocket expenses you incurred.

All employees in the UK have “worker’s rights” which an employer must respect following an incident that results in injury, illness or disease which are detailed below:

• That you are awarded the level of compensation you rightly deserve for any pain, suffering and expenses you incur as a result of having developed mesothelioma in the workplace through employer negligence
• That your job is kept safe even if you decide to file an asbestos claim against an employer

Employers must carry out regular risk assessments in the workplace to identify hazards and risks that employees may have to deal with. Once identified, an employer must put in place measures to prevent or reduce the chances of their employees being injured or from developing any illness and disease whilst they are at work.

Working with a Solicitor on a No Win No Fee Basis on Your Mesothelioma Claim

Because mesothelioma claims tend to be complex legal procedures that require a lot of evidence and proof for them to be successful, it is far better to seek legal advice as soon as you discover that you have developed mesothelioma because you were exposed to asbestos fibres or the dust the material produces. A solicitor who specialises in asbestos claims would be able to provide essential advice on how to establish employer liability.

Most solicitors offer their clients an initial consultation which is free of charge. This allows them to assess your case and to establish responsibility. Once a solicitor decides that you have a strong case against a negligent employer, they would typically offer to work with you on a No Win No Fee basis.

Choosing to work with a solicitor who specialises in mesothelioma claims on a No Win No Fee basis takes all the worry of finding the money to pay for the legal representation needed. You would be asked to sign a Conditional Fee Agreement (CFA) which is a legally binding contract that outlines the “terms and conditions” of the agreement and the percentage you would have to pay the solicitor on a successful mesothelioma claim which is often referred to as a “success fee”. Should your claim be unsuccessful, you would have nothing to pay the solicitor because the CFA you signed means they agreed to take on the risk.