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How long after an work related accident do I have to report the injury to my employer?

Your employer must be told of any accidents that occur in the workplace as soon as possible. Should you suffer an injury whether minor or more severe, the incident must be officially recorded in the Accident Report Book that all businesses and companies are required to have by law. There are certain steps that must be followed when an accident occurs in the workplace which leaves you either injured or suffering from a work-related illness. To find out more, please read on.

Recording the Incident in the Accident Report Book

You must make  sure that your employer (or person in charge) records the incident that left you injured or suffering from a work-related incident in the accident report book and that they sign it in. If you find there is no Accident Report Book, you or a colleague should make a note of the incident, when it occurred and the extent of your injuries before sending a copy to your employer. You must keep a copy of the report for your own records.

What to do if you are unsure if you can claim?

If you are not sure if you are eligible to claim a fast way of getting free instant legal advice is through LegalExpert.co.uk online live chat or you could call their free legal advice phone number the link is here https://www.legalexpert.co.uk/accident-at-work-claims/faqs/time-limit-for-accident-at-work-claim/. Also remember each accident circumstances are different and a specialist will need know what happened in order to let you know if you have a valid claim.

Employee Injury At Work Advice

Employee Injury At Work Advice

Under UK law, all businesses and companies where 10 or more employees work,  are required to keep an Accident Report Book which is a legal requirement under RIDDOR – the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations

The details of an incident must be noted in an Accident Report Book as detailed below:

  • The cause of the accident
  • Full circumstances surrounding the accident

It is worth noting that even “near misses” must be recorded in an Accident Report Book as a way of identifying hazards that may be present in a workplace which can then be rectified with an end goal being to the working environment as safe as possible for all employees.

Should There be Easy Access to an Accident Report Book?

An Accident Report Book must be easily accessible so that it can be kept up to date. Companies and businesses employing 10 staff or more, must also keep an Accident Report Book and all records of incidents and accidents for three years. The reason being that you, as an employee have up to 3 years from the time of an accident to file a personal injury claim against an employer. With this said, certain environmental and health risk records must be kept for longer than three years.

Seeking Medical Attention As Soon As Possible

You should always seek medical attention following an accident at work even if you believe your injuries are minor. It is essential that you have an official medical record of your injuries more especially if you intend on filing a claim for compensation against your employer. This record is also necessary for when you claim any benefits you may be entitled to (more information on industrial injury benefits can be found here).

Reporting an Incident to the Health and Safety Executive

In some cases, an environment might not be “safe” for you to work in and if you believe you are being put at risk of being injured, you should discuss your concerns with a trade union representative and report the issues you have to the Health and Safety Executive. You have every right to protect yourself by not going to work until the environment has been made safe for all employees to do so.

Time Limits Associated with Work-related Personal Injury Claims

The time limit associated with work-related personal injury claims is 3 years from the date of when the incident occurred. Although, three years seems a long time, many work-related claims can be complicated and long-drawn out processes. As such, it is far better to begin your claim sooner rather than later and to seek expert legal advice from the word go to avoid falling foul of the time limit.

Seeking Legal Advice on Reporting a Work-related Accident at Work

If you are unsure on what to do having been involved in a work-related accident that left you injured, it is important to seek legal advice as soon as possible. You can contact Citizens Advice or if you are a member of a trade union, you could discuss the issue with your representative. With this said, you could also contact LegalExpert.co.uk, and a solicitor who specialises in work-related personal injury claims, can offer you free legal advice, bearing in mind that the first consultation is free of charge. It is also worth noting that once a specialist solicitor has assessed your case and they believe you have a strong claim against an employer or other third party, they would agree to work with you on a No Win No Fee basis. In short, you would have nothing to pay for your legal representation if your claim is unsuccessful.

Can I Claim For An Accident at work if Self-employed? – 2019 update UK

It would be fair to say that many people who are self-employed do not realise they could be entitled to compensation following a work-related accident that left them injured. The reason being that when working for yourself it stands to reason that a third party could not be responsible for your injuries and as such, you are unsure whether you could be entitled to file a claim and who would your personal injury case be against? To find out more about filing personal injury self-employed claims, please read on.

What is a fast way of finding out if a can make a claim?

Each accident circumstances are different and you may or may not be able to claim however a fast free way of finding out is to ask a work accident claims specialist. You can get free advice on this link here to through a free online live chat or their is also a free phone number you could call https://www.legalexpert.co.uk/accident-at-work-claims/faqs/i-am-self-employed-i-had-accident-work-can-i-make-claim/ the live chat and free advice is available 7 days a week and open till late. This is one fast way of finding out.

Self-employed Work-related Personal Injury Compensation Claims

As a self-employed person, you are responsible for your own safety in the workplace, however, there are specific instances where you may be entitled to file a work-related personal injury claim providing it can be proved an accident occurred due to a third party’s negligence or mistake, some of which are detailed below:

  • If you are hired by a company or business as a contractor to work on a project or to carry out specific tasks in the workplace. This could be if you are employed on a construction site as a carpenter, plumber, electrician or landscaper. You would have signed a contract outlining the project you are to work on and the duration of the work. The employer, therefore, has a duty of care to ensure the working environment is safe and free from any dangers and this applies to everyone who works or visits the site including self-employed contractors
  • The employer must provide well maintained equipment and it must suit the job
  • Even as a self-employed person working on a construction or other site, you must be given sufficient training before starting a job
  • The employer must provide the correct protective clothing which includes goggles, earplugs, high visibility clothing and hard hats

Should an employer fail to provide any of the above or anything else that is required by law to keep you safe while working for them and you suffer a work-related accident that leaves you injured, as a self-employed worker, you would be entitled to file a compensation claim providing the accident occurred through no fault of your own.

Employee Injury At Work Advice

Employee Injury At Work Advice

What To Do Following a Work-related Accident If You are Self-employed

Anyone who suffers an work-related injury should seek medical attention as soon as possible even if an injury appears to be minor at first. Many people do not realise the extent of their injuries to begin with because although not visible, there may be more serious internal damage that has occurred. The other reason to seek medical attention following a work-related accident, is that it provides you with an official medical record of the incident and your injuries. Having a medical report would strengthen your claim against a third party or employer.

Other necessary steps are detailed below:

  • Collect as much evidence of the incident as you can. If you are unable to do this because of your injuries, a work colleague should do this on your behalf. The type of evidence needed for a claim includes photographs of machinery/equipment involved in the incident, where the accident occurred and photographs of the injuries you sustained
  • Make sure that the incident was logged into the Accident Report Book, bearing in mind that all workplaces in the UK are required by law to have one of these onsite and once the incident is logged in the book, you or a work colleague should make sure the report is signed off by whoever is in charge
  • Collect the names of witnesses which must include their contact details

Getting Help with a Self-employed Work-related Compensation Claim

As with all personal injury compensation claims, it pays to seek legal advice as soon as possible because they can be long-drawn out, complicated processes. Having the advice of a legal expert at a time when you need it most, makes the process easier to understand and it would clarify whether you have a strong case against an employer as a self-employed worker.

LegalExperts.co.uk offer a free initial consultation which allows a personal injury solicitor to assess the merits of your claim. It also allows a specialist solicitor to determine whether your case is strong and therefore they would agree to work with you on a No Win No Fee basis. You would sign a Conditional Fee Agreement which would set out the percentage you would pay your solicitor, but only if your claim is successful. Should you lose your case, you would have nothing to pay the solicitor at all.

Conclusion

As a self-employed worker you may not be entitled to all the same rights and perks as someone who is employed by a business or company on a permanent basis, but you are entitled to the exact same rights in the workplace when it comes to Health and Safety. As such, if you were involved in an incident that left you injured and it can be proved the accident occurred through no fault of your own, you could be entitled to file a claim for compensation against your employer even if you are contracted to work on the site and are self-employed.