If you suffered an injury or illness through no fault of your own while you were in the workplace, you have every right to file for compensation against an employer without the worry of being fired for doing so. Employers have a duty of care to ensure you are kept safe from injury or illness while you are at work. If an employer is in “breach” of their duty, as an injured party, you are entitled to file a claim for compensation against the person or organisation that employs you.

Should your employer decide to fire you because you are considering or are about to lodge a compensation claim against them, or they make your life so difficult that you are forced to resign from your job, you employer would be strengthening your case against them. In short, your compensation claim against them would be a lot more likely to succeed, As such, it would not be in an employer’s interest to sack you because you intend of filing a work-related personal injury claim against them.

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

UK legislation under the “Management of Health and Safety at Work Regulations Act 1999, states that all employers must ensure that employees are kept safe from harm in the workplace. An employers’ duty of care is outlined as follows:

• They must set in place all reasonable measures to ensure you are safe from harm while you are in the workplace
• They must provide adequate training so you are able to carry out your work without the risk of being injured or suffering a work-related illness
• They must regularly carry out risk assessments so that machinery, equipment and working procedures are safe and to ensure there is a minimal risk attached

Should your employer fail in their duty of care towards you and you sustain an injury or develop an illness while carrying out your job, you have every right to file a compensation claim against them.

What Are My Responsibilities as an Employee?

As an employee, you also have a responsibility to behave in an acceptable manner in the workplace. If you have an accident at work that leaves you injured through reckless acts, you could be held responsible through your own negligent behaviour and the same can be said if it can be proved that you ignored any Health and Safety regulations. As such, if you file for compensation and it is found that the accident was your fault, your claim would be unsuccessful.

Is there a way I can get free legal advice for my injury at work from a expert online or through a free phone number?

The short answer to this question is yes if you click on this link https://www.legalexpert.co.uk/how-to-claim/accident-claims/accident-at-work-claim/ it offers legal advice through an online chat or also there’s a free phone number and its open seven days a week till late.

Would My Work-related Claim for Compensation be Kept Private?

Under UK law, businesses and companies must have an accident report book where all incidents are recorded. As such, if you suffered an injury or illness in the workplace, the accident would be officially noted in the Accident Report Book. Once you have decided to file for compensation against your employer, the solicitor handling your case would either notify your employer or their insurers of your intentions. The next step would be for your accident to be fully investigated by your employer’s insurers who would gather as much information as possible about the incident and your injuries/illness.

Based on this information, your employer’s insurers would come to a decision on who is liable. It is worth noting that all employers must have sufficient insurance to cover any eventual claims that are filed against them which includes any legal fees that arise from a personal injury claim.

Your employer must also report any serious work accidents, dangerous incidents and health-related issues that arise in the workplace to RIDDOR and the Health and Safety Executive. On top of this, the Department of Work and Pensions must be informed of all work-related personal injury claims. Should your claim be successful, an employer’s insurers would have to refund all benefits you received.

In short, when you are involved in a work-related accident that leaves you injured, the incident would be reported to all the necessary authorities.

Who Pays My Work-related Personal Injury Compensation Claim?

Employers in the UK must have adequate insurance cover in place to meet legal requirements. As such, successful personal injury claims are settled by your employer’s insurers who would deal with your personal injury claim right from the outset. Your employer does not have to be involved in the process once they have been informed of an impending claim.

What is the Time Limit Associated With a Work-related Personal Injury Claim?

There is a time limit of 3 years associated with work-related personal injury claims but it is important to start a claim as soon as possible to avoid running out of time. It is also worth noting that if your employer’s company ceases trading, you may still be able to file a  claim against them by filing an application for their business to be put back on the Register of Companies.

Can I Get Help Filing a Work-related Personal Injury Claim?

Work-related personal injury claims can be complex, more especially if an employer makes it harder for you to remain in your job because you decided to file for compensation following an accident that left you injured through no fault of your own. The same can be said if you developed a work-related illness and filed for compensation. The guide published by LegalExpert.co.uk provides a lot of useful information on how being dismissed from the workplace because you filed a work-related personal injury claim against your employer, could be seen as grounds for “unfair dismissal”.

Proving your employer’s negligence caused you to be injured while at work can take up a lot of time because it is essential that you have all the necessary proof and evidence that the accident occurred due to an employers’ negligence. This includes having as many witness statements as possible and that you follow the necessary legal steps required when filing a work-related personal injury claim against an employer.

For more information regarding Health and Safety regulations in the workplace, please visit the following website www.hse.gov.uk.

The short answer to the question is that of course it depends on what kind of accident you had and why it occurred. The fact is that an employer is responsible in law for the safety of all employees whilst on company premises and/or carrying out work or training for the company.

Following the introduction of the Health and Safety at Work Act in 1974 employers have been obliged to ensure safe and hazard-free working conditions and could potentially face legal action from an employee injured as a result of a workplace accident. There are cases where an employer could still be held responsible even if a worker injured themselves through their own careless actions or behaviour if the employer’s negligent actions were considered to have contributed, or led, to the accident. However it is worth looking into exactly what your responsibilities are as an employee before rushing to lodge a claim against your employer.

Your Responsibilities as an Employee

Although an employer is legally bound to ensure health and safety regulations are strictly followed in the workplace – and out of it where necessary, on external training courses for example – workplace safety is an issue for all. Many workplace accidents are reported every year across the whole spectrum of industry but thankfully the accident statistics are falling. Some of these accidents will undoubtedly be as a result of faulty or non-existent attention to safe working practices but unfortunately a good many of them won’t be.

There are certain instances when an employee may have an accident and sustain injury through their own negligence. This means that if it can be proved that your accident occurred because of your disregard of health and safety rules, for instance, your employer may not be held fully responsible. Other instances in which an accident could be construed as being the fault of an employee rather than an employer include:

• Where an employee wilfully indulges in substance abuse which impairs their judgement and affects their behaviour whether whilst at work or not
• Where an employee partakes of alcohol so that it affects their behaviour and impairs their judgement
• If they indulge in reckless behaviour that could put them and/or their work colleagues in danger
• If they wilfully show disregard of or disobedience of health and safety rules and safe working procedures

Forklift trucks are one of the big causes of workplace injuries and anyone driving a forklift truck must be competent to do so and must have the relevant certificates. An employer should also ensure that the relevant caution and hazard signage is in place where forklifts and moving machinery are operating. An employer may be tempted to ask a worker to ‘do a one-off job’ with a forklift when a regular driver is unavailable. If you are asked to drive a forklift even though you are not qualified to do so and you then have an accident in which you are injured or you cause someone else to be injured then this could be a case where the employer is held liable. However if you are driving a forklift truck in a careless manner whether you are qualified or not, you and your employer may be legally liable.

Your Rights as an Employee

The health and safety of all workers in all forms of industry is of paramount importance and government and EU rulings have enshrined this in law. Workers also have a number of rights at work including the right to immediate medical attention when accidents occur and a right to claim compensation where possible. An employee has the right to object to working where there are avoidable hazards.

How to Prove Your Employer is Responsible for a Workplace Accident

According to a guide to an injury at work claim https://www.legalexpert.co.uk/how-to-claim/accident-claims/accident-at-work-claim/ there are several instances where an employer could be proven liable for your accident by their negligence. They must prove that you have received all necessary training and safety equipment to allow you to do your job safely. In order to ensure that workplace accidents are avoided as much as possible an employer is also responsible for the implementation of regular risk assessments.

If your job entails manual handling procedures, in other words using physical strength to move things around or operate heavy machinery there are regulations covering this. Likewise, any task which entails working with hazardous chemicals is covered by separate legislation. So put simply, if it can be proved that your employer has failed to follow the correct procedures and regulations before allowing you to perform a task then they could be held liable if you have an accident and you could have a claim for compensation.

Seeking Legal Advice for an Accident at Work

Seeking advice for an accident at work will help you understand the complex legal landscape that surrounds suing an employer for a workplace accident. If you believe your employer’s negligence contributed to your accident, consulting with a legal expert who specialises in employer liability cases will provide you with a clear understanding of your rights and the viability of a claim. Professionals like those at accidentatworkclaimuk.org.uk can help assess the specifics of your case, gather necessary evidence, and represent your interests effectively.

Legal advice in such cases often focuses on demonstrating how the employer’s actions or lack thereof directly contributed to the accident. This may involve showing failure in conducting regular risk assessments, not providing adequate safety training, or neglecting maintenance of workplace equipment. A legal expert can guide you through the process of documenting your injuries, collecting witness statements, and, importantly, securing medical reports that substantiate your claim.

Can a Lawyer Help If I Contributed to the Accident?

Understanding the nuances of contributory negligence-where both employer and employee may share responsibility for the accident is vital. A skilled lawyer can argue your case for the minimisation of your contributory negligence, potentially increasing the compensation you may receive.

In essence, obtaining professional legal advice is instrumental in ensuring your claim is presented compellingly, maximising your chances of a favourable outcome. It empowers you to understand your legal position fully and handle the claims process with confidence, aiming for the compensation you deserve for the injuries and losses sustained.

In conclusion, your employer can be held responsible for your accident if they have not taken proper steps to eliminate any possibility of danger, even if the accident was brought about by carelessness. However, to clarify your position on claiming compensation, seeking legal advice should be a top priority.