Accident At Work Claims

Having an accident at work can be a very distressing experience. On top of any injuries sustained, many workers also worry about how their employer will handle the situation.

Can I claim for my injury at work?

You can claim compensation if you were injured in an accident at work that was not your fault and can prove someone else’s negligence caused your injuries. The law states that all employers have a legal responsibility for the safety of their staff. That responsibility includes having Employer’s Liability Insurance and complying with the latest Health and Safety guidelines. If you have suffered a workplace injury because your employer has failed to meet these responsibilities, you may be able to claim compensation.

A claim for workplace accident compensation will usually include damages for injuries, pain and suffering, lost earnings, out-of-pocket expenses, medical treatments, and rehabilitation support costs. Your employment status at the time of the accident is irrelevant; you can claim compensation whether you were employed full-time, part-time, on a zero-hour contract, or self-employed.

When can I make a claim for an accident at work?

In most cases, you will have three years from the date of the accident, or the diagnosis of the medical condition caused by the accident, to start your work injury compensation claim. However, there are exceptions to this:

• Defective work equipment: if your injury was caused by a piece of equipment that had a manufacturing defect, the time limit may differ.
• Mental capacity: if your loved one no longer has the mental capacity to make a claim themselves, then there is no time limit on making a claim.
• Accidents while working abroad: if your accident happened while working abroad, the time limit for making a claim may be shorter.
• A fatal accident: the three-year limitation begins from the date of death, even if a claim has already been started.

How do I make a claim for an accident at work?

It is advisable to make a claim as soon as possible after your accident at work. When making a claim for an injury at work, there are several things you can do to help put your case together:

1. If applicable, ensure you inform your Health and Safety representative about your accident as soon as possible.
2. Notify your employer immediately and complete a short accident report. Make sure that it is based on fact and not an attempt to suggest who you think is to blame.
3. As soon as you are able to, write out a clear description of the accident. Make sure you sign and date it.
4. Try to get the names and addresses of anyone who witnessed your accident.
5. Ask if the scene of the accident can be preserved. Try to get photos taken of the scene and made available to you.

Can I make an accident at work claim if I’m partly at fault?

If you were partially at fault for an accident at work, for example, not looking where you were going, you may be able to make a claim that is subject to what is known as ‘contributory negligence’. If there was a hazard that caused a collision, or something else that could have been partly your fault, your claim will be deemed ‘split liability’.

Split liability is when both the employer and employee share responsibility, or a court makes a finding of contributory negligence. You’ll receive a percentage of the total compensation based on how much you were at fault. You can’t make a claim if the accident was entirely your fault.

Will claiming accident at work compensation affect my job?

Employment law is very clear in this matter. If the accident at work was either fully or partially the fault of the employer, you can’t be dismissed for making a claim. They also can’t penalise you or make your working life harder as a result of making a claim.

Will I get sick pay after an accident at work?

If you need to take time off because of injuries caused by an accident at work, check your employment contract for details about your sick pay entitlement. Your contract should outline whether you are entitled to Statutory Sick Pay (SSP) or a higher rate of contractual sick pay.

It’s best to make an appointment to see your GP as soon as possible. They can record the details of your accident in your medical records, as well as treat your workplace injury.