According to Health and Safety statistics, work-related injuries as well as illnesses account for many of the more serious accidents that occur in the workplace over recent years. The studies show that more than 1.3 million workers and people suffer some kind of injury or work-related illness and that it cost businesses over £14 billion in 2016 alone.
Sustaining any sort of injury or developing a work-related illness through no fault of your own can be life changing and even if you suffer a more minor injury, it could mean you are unable to work for a period of time. As such, you could be entitled to file a personal injury claim and if your claim is successful, you would be awarded a level of compensation you rightly deserve. To find out more about claiming compensation following an accident in the workplace that left you injured, please read on.
How Complex is the Process of Making a Personal Injury Claim Against My Employer?
There is a specific process to filing a work-related personal injury claim against your employer which can be a complicated affair depending on your injuries and the time it takes for you to recover. With this said, like all personal injury claims, the more evidence you can provide relating to the incident itself and your injuries, the more chance you would have of being awarded an amount you deserve. In short, it is important to get things right from the word go which would also reduce the risk of falling foul of the 3 year time limit associated with this type of claim.
As such, it is best to seek legal advice as early as possible and today, many people who are injured in the workplace or who develop a work-related illness or disease, choose to work with a solicitor on a No Win No Fee basis. This takes all the financial pressure of finding the money to pay for legal representation off the table. Working with a solicitor who specialises in work-related personal injury claims also means that you receive the best advice when it comes to gathering all-important evidence and proof to strengthen your claim.
What are the Most Common Injuries Sustained in the Workplace?
There are various situations that could result in you being involved in an accident at work that leaves you injured, whether your injuries are minor or more severe. With this said, studies have shown that certain accidents and injuries in the workplace are more commonplace than others and these are detailed below:
- One of the most common accidents in the workplace that result in injuries is due to slipping and falling. The result of this type of accident could lead to you suffering from damage to your back, leg, hips or you may even sustain a severe head injury
- Vehicle accidents in the workplace are also more commonplace that other incidents. This includes collisions and crashes that could result in serious long-term injuries and could even prove fatal
- Repetitive strain injury is an injury that office workers commonly develop during the course of their work. People who work in offices also suffer from disorders that negatively impact their muscles causing chronic pain and discomfort
If you have suffered a work-related illness, disease or an injury that occurred through no fault of your own, you may be entitled to file for compensation against your employer providing it can be proved they were negligent in their duty to provide a safe working environment. As previously mentioned, it is best to seek legal advice as soon as possible if you are considering filing a personal injury claim against your employer more especially as there is a strict 3 year time limit to work-related injury claims.
How Do I Prove a Personal Injury Claim Against My Employer?
If you developed an illness, disease or were injured in an accident in the workplace, you must show evidence that your employer was negligent or that they failed in their duty to keep you safe whilst at work for a personal injury claim to be successful. An example being that should you have slipped and fallen because the floor was wet and no hazard signs were put up to warn you of the danger, a court could see this as being negligent on the part of your employer. As such, the more information and evidence you can provide, the better chance you have of proving employer negligence. The all-important proof and evidence needed when filing a personal injury claim against an employer includes the following:
- That the incident was recorded in the Accident Report Book
- CCTV footage of the accident (if available)
- Witness statements of the incident
- Photos of your injuries
- Proof you were not given sufficient training for the job you were tasked to do
- That a work colleague was not sufficiently trained to do a job and this resulted in you sustaining an injury
- That your employer failed to adhere to Health and Safety regulations
- A medical report of your injuries/illness or disease
Can I Claim Compensation for an Accident due to Employer Negligence?
Providing you can prove your employer was negligent and that they failed to provide a safe environment for you to work in, you would be entitled to file for compensation should you be involved in an accident that left you injured, whether your injuries were minor or more severe. Your employer has a duty of care towards all workers and must adhere to all Health and Safety Executive regulations. If an employer fails to keep you safe while you are at work or they ignore H&S rules and you suffer an injury, illness or disease as a result, you have every right to file a claim for compensation against your employer.
Your employer also has to provide all employees with the correct level of training to carry out jobs they are tasked to do. They must also carry out frequent risk assessments to identify any hazards you may have to contend with in the workplace. To find out more about how to file for compensation against a negligent employer, it is worth seeking legal advice from a solicitor who specialises in this type of work-related claim.
How Do I Begin My Personal Injury Claims Against My Employer?
As previously touched upon, work-related personal injury claims can be long-drawn out, complicated legal processes that have strict 3 year time limit that must be adhered to. As such, it is best to seek legal advice as early as possible if you are thinking about filing for compensation against your employer. A solicitor who specialises in personal injury claims that involve work-related injuries knows what is needed when it comes to evidence of the accident, who could be held responsible and proof that the injuries you sustained were through no fault of your own.
You would be asked by the solicitor representing you for the following right from the outset which helps establish whether you have a strong claim against an employer for negligence:
- To provide all the evidence you have about the accident, when and where it occurred and the injuries you sustained
- The record of the incident as detailed in the Accident Report Book
- Witness statements and CCTV evidence if available
- An official medical report
Your first consultation would be free of charge and it allows a solicitor the opportunity to assess the strength of your claim.
What I Include in a Personal Injury Claim Against My Employer?
There are specific things you can include in your personal injury claim against your employer which are detailed below:
- General damages – you can claim for the pain and suffering you endured immediately after the accident that left you injured and the long-term damage you had to endure whether physical or psychological. General damages also cover whether your quality of life was changed as a direct result of your injuries
- Special damages – covers financial costs incurred as a direct result of injuries and psychological damage you suffered as a direct result of your injuries. Special damages also cover out of pocket expenses and the fact special equipment had to be installed where you live
- Medical expenses – this includes all medical costs you incur because of your injuries
- Travel expenses – you can claim all travel expenses for visits to a hospital, clinic or other medical facility to receive treatments
- Care costs – you can claim should someone have to care for you in your home or if you had to move into a care facility because of your injuries
Getting Legal Help with a Personal Injury Claim Against Your Employer
If you are considering taking action against an employer by filing a personal injury claim for a work-related injury/illness or disease you have developed as a direct result of the job you do, the best course of action is to seek legal advice as soon as possible. The legal process associated with a personal injury claim against an employer is often a complex affair which is why working with a solicitor who specialises in work-related personal injury claims takes all the stress off your shoulders at a time when you are not feeling one hundred percent.
A team of legal experts working with you on a No Win No Fee basis ensures that you receive the right advice from the word go which reduces the chances of your claim being thrown out because you lack all the evidence needed to prove your accident was the result of employer negligence. It also means that the strict 3 year time limit associated with work-related personal injury claims is adhered to.