Compensation for an accident at work
If you are involved in an accident at work that was not your fault, then you may be entitled to claim compensation for any resulting injury and financial losses.
Sadly, accidents and injuries are common – whether it’s in a factory, on a building site, in an office or retail outlet.
Winston Solicitors are the best personal injury solicitors. Over the decades, we’ve dealt with a huge range of claims against negligent employers. These include claims for:
- Lacerations and cuts
- Workplace burns
- Soft tissue damage
- Broken bones
We will help you to get the maximum amount of compensation possible.
How does the law protect employees?
Responsible employers understand that health and safety is paramount for their business and its employees and will do everything they can to make sure their systems and workplace are as safe as possible.
Legally, it's your employer's duty to take reasonable care of your safety at work. This is covered by a framework of statutory legislation and laws.
If you have an accident at work which results in an injury, then your employer can be held responsible for that accident if we can prove that they've been negligent.
What does an employer’s duty of care cover?
The duty of care means they are obliged to provide the following:
- Safe equipment and machinery
The tools, machines and equipment your employer provides must be reasonably safe and adequate for the purpose for which they are intended.
This includes avoiding electrical failures. Employers are required to have a system of regular checks and maintenance (including PAT testing) to keep employees safe
- Safe and competent work colleagues
It is up to employers to select and train the right people for a job and to ensure they have all the tools and information they need to do their work safely. Employers are directly responsible if their employees are negligent, so if you are injured by a negligent colleague you can sue the employer and claim compensation.
- A safe system of work
Your employer must introduce safe systems of work as well as maintain them and modify them if required. This includes:
- The layout and sequence of the work.
- The correct warnings or notices.
- The required information and training.
- Safe working conditions.
If there is no safe system in place and you have an accident because of this, the employer is responsible and liable for compensation.
- A safe place of work
Your employer must provide a safe place for you to work. So, for example if a floor is slippery and they knew about it (or ought to have been aware of it), they can be held liable.
Health and Safety Executive
Employers are also legally required to report any accident that involves a serious injury or death to the Health and Safety Executive immediately. This covers:
- Any major incident such as explosions or equipment collapse.
This report needs to be confirmed in writing within seven days.
Key conditions when making a claim following an accident at work
- Generally, you will need to make your claim within 3 years of the accident. If you are under 18 when the accident happens then the 3 years begins on your 18th birthday, giving you until you are 21 to pursue the claim.
- Remember, the onus is on you to prove any claim you make against your employer.
Claiming against your employers
Employees are sometimes reluctant to sue their employers in case it affects their job. They think it could cause embarrassment and issues with job security. However the law requires employers to have an insurance policy in place to pay out compensation in the event of any claim. It is not the employers who pay out accident compensation but the insurers. Winston Solicitors will ensure that your claim progresses as smoothly as possible.
If your injury occurred whilst you were at work, please contact us today to see if you have the right to claim compensation.
Help with your personal injury claim
Very happy with the communication and the advice I received, would recommend Amanda Evans, her service and professionalism is first class. Jane
Most people who make a personal injury claim do so reluctantly. Very little is generally known about the process and there have been many negative news stories in the press in recent years. Claims are progressed through the insurers and not directly with the responsible party.
You do not have to make a claim directly to the responsible party. We will take instructions from you as to the circumstances of the accident and the extent of your injuries. We will then send a “Letter of Claim” to the insurers, which sets out why the claim is being brought and what injuries have been suffered.
You need professional legal advice to ensure that you receive the maximum amount of compensation due to you. Insurers will attempt to settle your claim at an early stage and often before you have been able to instruct a solicitor. They do this to save legal costs which they otherwise would have to pay and to also secure the lowest settlement award possible.
If we do not win your case then we do not have any right to recover our fees from you. If we do win your case, then as explained above, the insurers will pay part of those legal costs. You then make a payment to us out of your compensation if your claim is successful.
If the insurer admits liability and agrees to deal with your claim, they will also meet part of your legal fees. A deduction will also be made from your damages award to cover the costs of running your claim.