Find out why you are not alone and how to get the compensation you deserve. Every year at Hubbard Pegman and Whitney we are contacted by individuals who have been injured at work.
In the latest report from HSE, figures show that 626,000 workers sustained a non-fatal work related injury in 2021-22 with 123 resulting in death.
This also has a negative effect on the employer with 6 million working days lost due to non-fatal workplace injuries in 2021-22. Your employer has a duty to protect you and tell you about health and safety issues that affect you. They must also report certain accidents and incidents, pay you sick pay and give you time off because of an accident at work should you need it. Read on to find out what to do if you have been injured at work or to best prepare yourself in the event you suffer an accident at work in the future.
Who can make a compensation claim for an accident or Injury at work?
All employees and workers have the right to make a claim for compensation if they have been injured or suffered an accident at work.
What are the requirements to make a claim?
Being injured at work is not enough to trigger a right to compensation. To receive compensation, an injured worker must be able to show that the injury was caused by a breach of duty or negligence of the employer or other people at work. A claim can be made if an employer fails to take adequate steps to protect workers’ safety.
Some of the Employers main duties include:-
- Providing a safe workplace
- Ensuring that all staff receive adequate training and instruction
- A duty to provide adequate protective clothing and equipment
- Assessing the risk of injury from lifting heavy weights or equipment
- A duty to maintain equipment and machinery in a safe condition
There is also a Limitation Period on work related injury claims which states that court proceedings must commence within 3 years of the date of injury or date of knowledge of the injury. Hubbard Pegman and Whitney recommend you do not wait to see how badly the injury affects you, if you have been injured at work you should seek legal advice on the matter immediately.
Who pays the compensation awarded for an accident at work claim?
Employers are required by law to have an Employers Liability Insurance which is used to pay compensation awarded following a successful injury at work claim. This means any compensation claimed by you, if successful, will not be paid by your employers but by the insurance company.
Remember: It is against the law for an employer to dismiss a worker because they make an accident at work claim.
Hubbard Pegman and Whitney’s Recommended Immediate steps to take if you have been injured at work –
- Collect Medical evidence for a work accident claim
- Report a workplace injury or accident at work
- Check for CCTV
- Record important details about the accident
- Keep details of any financial losses and expenses incurred as a result of a workplace injury
- Keep a diary to support your personal injury claim
- Obtain independent legal advice about making a work injury compensation claim
If you have been injured at work and would like to seek legal advice feel free to contact our Personal Injury Department here at Hubbard Pegman and Whitney headed up by Melanie Neale. Melanie has vast experience in work related injuries and a great track record of successful claims against employers. For a friendly chat with Melanie please call 0208 735 9774 or email her at mn@hpwsolicitors.co.uk