People who work in dangerous professions are at risk of being involved in an accident in the workplace that could leave them seriously injured, but if you work in an office, you too could sustain a personal injury and if you do, you could be entitled to file for compensation even if you are partly or fully responsible for the accident happening.

However, just because you are involved in an accident in the workplace that leaves you injured, whether your injury is minor or more severe, it does not necessarily mean you can claim compensation because you must be able to prove that the incident occurred through no fault of your own. With this said, there are instances where you may be able to file for compensation even if you were partly or fully responsible for the accident and these are detailed in this article. To find out more, please read on.

What Happens When I am Responsible or Partly Responsible for the Accident?

Accidents can happen through error on the part of an employee whether an incident happens because they lost control of a forklift truck which collided with another work colleague leaving them injured or because an employee was not given sufficient training to work on specialist equipment and machinery which resulted in an incident that left them injured.

If, however, you were tasked to drive a forklift and had not been given the correct certified training to do so which meant you had not gained the necessary qualifications whether RTITB, ITSAAR, ALLMI, NPORS or AITT, and you caused an accident  that left you injured, you could be entitled to file for compensation against a negligent employer and the same can be said if you were responsible for an accident because you were not trained to use specific machinery or equipment in the workplace. The reason being that all employers have a duty of care towards you and must ensure you are fully qualified to carry out specific jobs in the workplace. Employers by law must also abide by all Health and Safety regulations.

How is Blame Established for a Work-related Accident?

All employees and employers must by law adhere to regulations as set out by the Health & Safety at Work Act. As such, employers must do their best to ensure the workplace is safe and employees must ensure they act responsibly which means they do not put other workers or colleagues at risk of being injured through any sort of reckless behaviour. Employers must ensure that you as an employee are given sufficient training to do your job, work machinery or equipment and they must provide the necessary protective work wear for the job you are employed to do and this applies to all employees in the workplace. This includes full time, part time and other staff that may be employed on a temporary basis.

If you were not given sufficient training or an employer did not provide the right protective wear for you to carry out your job and you were involved in an accident that left you injured and which prevented you from working, you could be entitled to file for compensation providing you can prove that the accident occurred because you were not sufficiently trained or given the proper protective work wear to carry out your job.

If you were trained to use a machine or specialist equipment and you caused an accident because your employer failed to maintain the equipment you were working on in good working order, you could also be entitled to file for compensation should you suffer an injury that prevents you from working. The reason being that your employer could be held negligent in their duty to keep you safe by correctly servicing and maintaining workplace machinery and equipment as set out by the manufacturers guidelines. However, because work-related personal injury claims of this nature tend to be complex affairs, it is best to seek legal advice as soon as possible, bearing in mind there is a 3 year time limit attached to this type of claim which although sounds like a long time, the amount of evidence and proof you would need to gather can be a long drawn out process.

Situations Where You Would Be Entitled to Compensation if You Caused the Accident

If your employer tells you to work in an area other than your normal work activity and you have no experience in your new role which leads to you being involved in an accident that leaves you injured, you may be entitled to file a personal injury claim for compensation against your employer whether you sustained a minor or more severe injury that prevents you from working for any length of time.

Your employer must provide you with a safe environment to work in. They must also ensure the following:

• That you are given sufficient training for the job you are tasked to do
• That you have enough experience to carry out a job, work on specialised equipment and machinery
• That you have the necessary qualifications and experience to operate machinery in the workplace
• That you abide by an employer’s best practices and procedures
• That you adhere to all Health and Safety regulation while carrying out your duties in the workplace
• That you are given the correct protective wear when carrying out your job
• That you work on correctly maintained equipment and machinery that is in good working order

If an employer fails in any of the above and you suffer any sort of injury, you could be entitled to file a personal injury claim against them. However, it is always better to seek legal advice so a personal injury solicitor can assess your claim and establish whether you have a strong enough case against your employer for your claim to be successful, even if you were partly or fully responsible for the incident occurring.

Instances When It is Hard to Establish Liability

There are instances where it can be harder to prove liability which is especially true when it comes to work-related illnesses and diseases. This includes mesothelioma and lung cancer both of which are asbestos related diseases that employees may develop when working in certain work environments. The reason being  that there is typically some doubt as to who should be held responsible for the fact you may have contracted an asbestos related disorder or disease like mesothelioma.

It could be because your job involved working with asbestos or because asbestos was used by a company or a workshop situated close to your place of employment. The problem then arises when trying to identify who may be held responsible more especially as the symptoms of an asbestos related disease can typically manifest a few years further down the line.

Another issue that can blur liability in personal injury claims that involve accidents at work is referred to as “contributory negligence” and although less clear cut in work-related accidents that leave you injured, a judge would assess whether you, as an employee, “acted reasonably” when taking a “risk” while carrying out a job. A court would also take into consideration the following:

• Your age
• Your experience

There would be different standards applied to an employee with more experience and who is older than a younger employee who has less experience at carrying out a specific job. With this said, should an employee show a “reckless disregard” when it comes to their safety, ignoring an employer’s best practices and procedures, a court could well rule that “contributory negligence” played a key role in the fact an accident occurred. If this is the case, the amount of compensation you may be awarded could be greatly reduced as stated in Section 1 of the Law Reform (Contributory Negligence) Act 1945.

Getting Legal Help When You Caused a Work-related Accident

As previously touched upon, work-related personal injury claims can be complex legal affairs more especially if you were partly or fully responsible for an accident that left you injured. However, if you feel that you could be entitled to file for compensation, discussing your case with a legal expert would establish whether you have grounds to do so.

There is a time limit of 3 years associated with personal injury claims and as such it is best to seek legal advice as early as possible to reduce the risk of running out of time. A solicitor who specialises in this type of claim would assess whether you have grounds to file a claim against your employer because they were negligent in their duty of care and would typically offer you an initial free consultation to do so.

Once a solicitor has heard your case and believes you have a strong reason to file for compensation, they would offer to work with you on a No Win No Fee basis, taking all the financial worries of funding legal representation off the table. Working with a solicitor who is well-versed in work-related personal injury law also ensures you do not fall foul of the strict time limit.

You would sign a Conditional Fee Agreement with the firm of solicitors you choose to work with which sets out the agreed percentage in a binding legal contract. However, you would only have to pay the agreed fee when a court rules in your favour. The amount you pay for your legal representation would be deducted directly from the amount you are awarded by the court. In short, you would never be “out of pocket” at any stage of the process.

 

A crush injury can be extremely painful and debilitating which in short means the damage leaves you unable to work or carry out normal everyday tasks. If you sustain any sort of crush injury at work, you could be entitled to file a personal injury claim against your employer providing you can prove they were negligent in their duty of care to keep you safe from harm in the workplace. From the LegalExpert Link below

Workplace Crush Injury Statistic

According to Health and Safety Executive statistics, there were 44 crush injury accidents at work that were reported during the period from 2013 to 2014. The injuries were sustained by employees when they were hit by a falling object, made contact with a moving part, hit by a moving vehicle and trapped under an item that fell apart or which was dislodged from where it was placed.

Each year around 600,000 workers suffer some kind of illness, disease and injury at work according to a Health and Safety Executive report that was published covering the period from 2016 to 2017. If you suffer a crush injury at work and would like to know if you have a strong case against a negligent employer, it is best to seek legal advice as early as possible because there is a 3 year time limit associated with all personal injury claims involving work-related accidents. 

What is the Most Common Crush Injury in the Workplace?

There are various crush injuries that occur in the workplace but the most commonly reported are as follows:

• Crushed fingers
• Being hit by a forklift truck which results in a crush injury
• Having an object fall from a height onto an employee
• Suffering a crush injury when coming into contact with moving parts of equipment and machinery

If you have suffered any sort of crush injury at work and would like to find out how to file a personal injury claim against your employer, you should seek legal advice as soon as possible. A solicitor who specialises in crush injury at work claims would assess your case before advising you on how to proceed.

Do I Have a Valid Personal Injury Claim Against My Employer for a Crush Injury?

As previously mentioned, you have 3 years to file a personal injury claim against a negligent employer should you have suffered a crush injury at work through no fault of your own. Because you need to provide as much evidence as you can which includes proof that the accident occurred in the workplace due to employer negligence, it is far better to contact a solicitor who specialises in accident at work claims as soon as possible.

A specialist solicitor would advise you on what is needed to prove and strengthen your claim. Once a solicitor has assessed your case and has established you have a strong claim against a negligent employer, most would typically provide you with the necessary legal representation on a No Win No Fee basis, taking all the worry of finding the funds to pay a solicitor when filing a personal injury claim off the table.

What is the Procedure If I Suffer a Crush Injury at Work?

If you suffer a crush injury at work, there are specific steps you should take following the accident which not only provides the evidence needed that the incident occurred through no fault of your own but also strengthens a crush injury claim against a negligent employer. The steps you should take are detailed below:

• You should seek medical attention as soon as possible even if you think your crush injury is only minor
• Make sure the incident gets reported to the right person whether it is your employer or the person in charge
• You should make sure that the accident and your crush injury is recorded in the Accident Report Book. Should the company or business you work for not have an Accident Report Book, you should write down all the details of the accident and your injuries and send the information to your employer keeping a copy for your own records
• If necessary, you should ensure that your employer has reported the accident to the Health and Safety Executive
• Collect all witness contact details and statements
• You should record your injuries by taking photos of them
• You should take photos of where the incident occurred

Having records of a crush injury at work helps prove and strengthen your claim against a negligent employer because a court would look at the evidence before ruling the level of compensation you may be entitled to receive in a successful crush injury claim.

Can I Claim for a Crush Injury at Work if I Am a Temporary Employee?

Under UK law, all employees can file a personal injury claim against a negligent employer should they suffer any sort of injury in the workplace. Even if you have just started working as a temporary employee and you suffer a crush injury through no fault of your own, you could be entitled to file a personal injury claim against your new employer.

An employer must ensure that you are kept safe from harm in the workplace whether you are a temporary employee, an agency worker, a full-time or part-time employee or contractor or self-employed person who is carrying out work for an employer. If an employer fails in their duty to keep you safe, they could be held liable for your crush injury by a court and you could be awarded a level of compensation to suit the pain and suffering as well as any financial losses you incurred as a direct result of your crush injuries due to your employer’s negligence.

Can I Claim if My Crush Injury Was Caused by a Work Colleague?

You can still file a claim against your employer even if a work colleague was responsible for you suffering a crush injury at work. The reason being that an employer could be held liable for your injuries which is in legal terms is known as “vicarious liability”.

Can I File a Crush Injury Claim Against My Employer if I Am Partly Responsible?

You may still be entitled to file a crush injury claim against your employer even if you were partly responsible for the accident that left you injured from happening. However, if a court rules in your favour, you would be awarded a lesser amount because a judge would factor in your level of responsibility. An example being that if a court rules you were 25% responsible for the accident, you would receive 25% less compensation for a crush injury sustained in the workplace.

Do I Have Specific Rights Following a Crush Injury at Work?

Should you suffer a crush injury at work, under UK law you have certain workers’ rights which are as follows:

• You receive the compensation you deserve for an injury sustained in the workplace
• That your employer provides you with a safe environment to work in
• That your employer cannot fire you because you choose to file a crush injury claim against them

All employers in the UK must carry out “risk assessments” of a working environment on a regular basis. This is to identify any risks and dangers you may have to face whilst at work. Once hazards are identified, an employer must set in place measures to correct or control the dangers so that all employees are kept as safe as possible in the workplace.

What Can Be Included in a Crush Injury Claim?

There are specific things that can be included in a crush injury claim which are termed “general damages” and “special damages”. These are detailed below:

General damages and special damages

• The pain and suffering you endured as a direct result of a crush injury at work
• Your “loss of amenity” which covers your physical and mental capacity to do things that you would do prior to being injured at work
• Any loss of earnings you incurred
• Any loss of future earnings because you are unable to carry out the work you used to do prior to suffering a crush injury at work
• Your medical expenses whether ongoing or not
• The travel expenses you incurred as a direct result of your crush injury
• Care costs should you require assistance around the home or because you need to go into care

How is a Crush Injury Claim Calculated?

A court would take into account the complexity and severity of your crush injury and whether you would be able to work again or whether you would need to receive ongoing treatment because your injuries were so severe. As such, the level of compensation you may be awarded in a successful crush injury claim would reflect the extent of your injuries and the extent they negatively impact your well-being and daily life and ability to work again.

Will My Crush Injury Claim be Successful?

The success of your crush injury claim is strengthened by the evidence and proof you can provide that your injury was sustained through no fault of your own and due to employer negligence. A solicitor who specialises in accident at work crush injury claims would look at how and when your accident occurred, the extent of the crush injury you sustained before advising you on how best to proceed.

What is the Time Limit for Crush Injury at Work Claims?

As with all personal injury claims, there is a strict time limit when it comes to filing a crush injury claim against a negligent employer which is as follows:

• You have 3 years from the date of the accident at work that left you with a crush injury. If the injury occurred when you were under the age of 18, the time limit would begin when you turn 18 years of age

This may sound like enough time to gather all the information and evidence required when filing a crush injury at work claim against your employer. However, getting medical reports and other necessary proof that you sustained your injuries through no fault of your own can be time consuming. As such, you should seek legal advice from a solicitor who specialises in accident at work claims sooner rather than later when it comes to making a claim for compensation against your employer.

Working with a No Win No Fee Solicitor on a Crush Injury Claim

Filing a crush injury claim against a negligent employer can be a complicated legal process and it is important to get things right from the outset. As such, seeking legal advice from a solicitor who specialises in work-related accident claims is of paramount importance, more especially as there is a strict time limit associated with all personal injury claims.

A solicitor would assess your claim before offering advice on how best to proceed and if they believe you have a strong case against a negligent employer, they would offer to work with you on a No Win No Fee basis. This means that you would only pay a “success fee” for the legal representation they provide when filing a crush injury claim through the courts. Should your claim not be successful, there would be nothing to pay the solicitor.

The solicitor would draw up a Conditional Fee Agreement (CFA) which outlines the terms and conditions of the agreement and the percentage you agreed to pay for their legal representation. The amount you would have to pay would be deducted directly from the amount a court awards you in a successful crush injury claim bearing in mind that most work-related personal injury claims are settled before they even get to court. In which case, the solicitor would deduct their fees from the amount your employer’s insurers agree to pay you in a final settlement on a successful crush injury claim.