Work Accident Claims

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Under Health and Safety legislation employers are obliged to ensure, where possible, that their employees do not suffer any injury at work. There is a significant amount of legislation creating obligations on employers so as to prevent accidents occurring and, indeed, re-occurring.

When you are at work your employer has a responsibility to ensure your safety by providing a safe environment and the right equipment for you to carry out the required work. If you have an accident at work because of a failure in meeting certain requirements you are entitled to be compensated for any personal injury you may have sustained.

Clearly, some areas of work carry with them a greater risk of injury but with the greater risk comes a greater obligation on an employer to ensure, where possible, the safety and welfare of employees.

Employees are often apprehensive about making a claim against their employer for injury suffer at work. This apprehension is understandable and is due to a fear of losing their job or of upsetting their employer. However, such fear is generally not justified as employees are protected in this regard and cannot be dismissed or treated differently in circumstances where they bring a lawful claim.

It is often the case that as a result of injuries sustained in work an employee is unable to work for a period of time. While some employers will ensure that the employee receives full pay while absent, others will not or cannot do so. An employee is entitled to recover any loss of earnings as well as any other out-of-pocket expenses as part of a claim for personal injuries*.

It is worthwhile remembering that any accident at work compensation paid in respect of your claim will, in the vast majority of cases, be paid out by your employer’s insurance company and not the employer directly.

The law sets out many rules to protect you from accidents at work* and compensate you if you become injured while working. You are entitled to compensation if you can prove that the workplace accident was someone else’s fault – this could be your employer, a fellow employee or another company based at your place of work.

Apart from physical injury at work the law also sets out many rules to protect you from psychological injury at work. You are entitled to compensation if you can prove that you suffered psychological injury at the workplace resulting from, for example, work related stress, bullying or harassment. Such injury could be caused by the actions of your employer, a fellow employee or even by a customer.

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*In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.