I Had An Accident At Work, What Are My Rights?
If you have been impacted by an accident at work you may be feeling unsure about whether you can claim against your employer. However, it is important to remember that if the accident was caused by their negligence, you deserve to receive compensation. Similarly, if another employee’s negligence caused you to suffer an injury, you may be able to claim compensation. As long as the accident was caused by someone else’s negligence, you are likely to be eligible to make an accident at work claim. If you’re thinking ‘I had an accident at work what are my rights?’ Jefferies Solicitors are here to help.
Employer Responsibility For An Accident At Work
Your employer has a duty to protect you in the workplace, which includes following any relevant health and safety procedures. The Health and Safety Executive (HSE) outlines health and safety procedures for each industry to follow. For example, if you work on a construction site, it is likely that your employer should provide you with a hard hat to protect you in the workplace.
If your employer has failed to follow any of the necessary health and safety procedures that relate to your industry, you may be able to claim compensation. If you’d like to learn more about employer responsibility in the workplace, read the Health and Safety Executive’s guidelines here.
Sadly, 581,000 people sustained an injury at work according to the 2018/2019 Labour Force Survey. As you can see, accidents at work effect many people from many different areas of the UK. Accidents at work can occur in any profession. While they may be more common in certain professions, such as jobs that involve working with heavy machinery, an accident can still happen in any job role.
When To Report An Accident To The HSE
If you’ve been injured in an accident at work, you may be wondering what the process is for reporting such an incident. The Health and Safety Executive’s Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR) outlines that all businesses should keep records of accidents that occur. All work-related accidents should be recorded in the work-related accident book. It is a legal requirement for all businesses to have this book.
However, certain serious incidents should be reported to the correct regulatory authorities like the HSE. When an accident is reported to these sorts of authorities, this is known as a RIDDOR report. In the 2018/2019 financial year, there were 69,208 work-related injuries reported under the RIDDOR Act. A RIDDOR report is required when:
- The accident is work-related
- The incident results in an injury which is reportable (under the ‘Types of reportable injuries’ outlined by RIDDOR 2013).
If you are trying to decide whether an accident is work-related or not, the HSE suggests that you should consider:
- The way the work was organised, carried out or supervised and if these conditions caused an accident to occur.
- If any machinery, substances or equipment that is used for work was involved in the accident.
- If the accident was caused or impacted by the conditions of the site/premises where the accident happened.
The HSE suggests that if none of these factors are relevant to the accident, then you probably will not need to make a RIDDOR report. If you’re questioning ‘I’ve had an accident at work, what are my rights?’ our team can answer any questions that you might have. Contact us on 800 342 3206 or fill out our online form to arrange a no-obligation confidential conversation about your accident.
Types Of Compensation For An Accident At Work
There are many different factors that are taken into consideration when calculating how much compensation you are likely to receive. Such factors include:
- Pain and suffering caused – compensation takes into account the amount of trauma, pain and suffering that your injuries have caused. For example, this would account for the severity of the injuries and the amount of time that it has taken for you to heal.
- Loss of Amenity – If you have been unable to do certain tasks that you used to be able to complete before, compensation may be able to cover such losses. For example, if you can no longer complete certain hobbies, compensation may take this into account. This sort of loss can often lead to a drop in your quality of life, creating emotional frustration which could possibly lead to depression or anxiety. Therefore, a claim can often attempt to note this sort of loss in the amount of money awarded.
- Cost of Medical Treatment and Travel for Medical Treatment – If you have had to pay for consultations, prescriptions, physiotherapists or any other such treatment, compensation may be able to cover this. If you had to pay to travel to these sorts of appointments, you may also be able to claim this back through compensation.
- Loss of Income – if you have been unable to work and have suffered a loss of income, you may be able to claim this back through compensation. A doctor will normally have to certify that you are unable to work for this to count.
It is important to note that there is usually a three-year time limit for claiming compensation after a work-related accident. This three-year limit begins upon the date that your injury occurred. If you have developed a condition or disease, rather than being injured, you can usually claim for three-years after you first noticed symptoms.
Still, it is important to get in touch with a personal injury solicitor as soon as you decide that you would like to make a personal injury claim. This way, you can ensure that your claim can be processed properly with as much evidence as possible.
How Much Compensation For An Accident At Work
Every accident and injury is unique and compensation is decided on a case by case basis. The extent of your injuries is the most important factor in determining how much compensation you will be owed.
However, compensation also takes into account any financial losses that you might have suffered as a result of your injuries, such as a loss of earnings due to being unable to return to work. Your injuries will be assessed by doctors who are local to you.
Our compensation calculator will give you an indication of how much you might be entitled to based upon your injuries. Jefferies Solicitors will take these different details relating to your injury into account when calculating how much compensation you should be awarded, which will then be put forward to the opposing side and the judge.
Contact Jefferies Solicitors Today
Our experts at Jefferies Solicitors are well experienced in dealing with a range of different case types. We understand how traumatic sustaining an injury can be and so we want to make the process of claiming compensation as stress free as possible. No matter where you are located throughout England and Wales, we can help process your case.
At first, we will need some initial details about the specifics of your injuries and how this has impacted upon your life. Please contact us today on 0800 342 3206 or through our online form to get started. A member of our team will quickly be in touch to discuss your case, confidentiality is ensured with all our clients.