Accident at Work

Every year thousands of people have accidents resulting in personal injury and it is an unfortunate fact that each year people die from work-related diseases mainly due to working conditions they were subjected to in the past.

The Health and Safety Executive Statistics 2009_10 state that,
In 2009/10 an estimated 1.3 million people who had worked in the last 12 months, and a further 0.8 million former workers, suffered from ill health which they thought was work related.

Claiming compensation for your accident isn't about a so called "compensation culture" – it is about your right to compensation when you have suffered due to the carelessness and negligence of others.

Who can claim?

• If you are the person who has been injured, you will be able to claim on your own behalf.
• If the person who has been injured is under the age of 18 or is incapacitated and unable to make decisions themselves, someone else (usually a friend or a close relative appointed by the Court), will be selected as a "litigation friend" to proceed with the claim.
• Dependants and/or personal representatives have the right to make a claim on behalf of someone who has died.

So, why not ask us a question today and find out where you stand? It'll only take us 15 minutes to get back to you with reliable advice and there is no fuss, cost and best of all, no obligation.

Do you deserve compensation?

On the surface, you would assume that some professions are more dangerous than others. For example, you would think that you would be more likely to have an accident at work if you work in construction as opposed to in an office environment?
Yes, industries such as agriculture, transport, storage and communication and construction have significantly higher injury rates than other industries, but social work and public administration Industry sectors have statistically higher ill health rates than the rate for all other industries. This means that no matter your line of work, it is important to be aware that you could be susceptible to injury or illness.

Will my boss be mad with me?

Regardless of your industry sector, the fact is; it is the legal duty of every employer to ensure the safety their employees and any visitors to their premises. UK Health and safety legislation is designed to protect employees and to minimise the risk of accident and injury in the workplace. For this reason, all employers are obliged by law to have Employer's Liability Insurance which should cover them if an employee is injured in the work place.

Therefore, there is no point in worrying about the possible repercussions of taking the company you work for to court as they should be covered. So, from faulty machinery on construction sites to temperamental state-of-the-art pencil sharpeners in swanky office blocks – if you have been harmed due to an unsafe working environment you may be entitled to claim and, in any case, you certainly have the right to find out where you stand.

Here at Compensation Claims, we can give you the advice you need and can put your mind at rest. We will answer any compensation query that you have for free, within 15 minutes and with no obligation – all you have to do is type in your question.

If you have been involved in an accident at work, what should you do first?

1. Notify your employer as soon as possible
2. Ensure that you register your injuries in your employer's accident report log as soon as possible. If your injury is more serious; report it to the authorities.
3. Record witness names where possible.
4. Seek appropriate medical treatment.
5. Ask compensationclaims.co.uk any question you like about your compensation situation and get it answered for free with no obligation (optional!).

Regardless of how minor your accident seems, you should always make sure that you report it in the accident book. If your accident is more serious, you need to report it to the Incident Contact Centre of the Health and Safety Executive (HSE) so that they can identify where and how the risks arose and investigate into the circumstances.

Reporting your accident is hugely important because, if you do end up making a claim for compensation, this documentation can be used as a reference and proof.

You may be surprised to hear that some of the most common work place accidents involve slips, trips and falls. Other common accidents include:

• Burns injuries
• Back and neck injuries
• Head injuries
• Repetitive Strain injury
• Vision problems
• Post-Traumatic Stress Disorder

So what's stopping you from typing in your question now? It's all here it all is in black and white; you don't have to be knocking on deaths door to justify making a claim because, most of the time, your injuries will not be life threatening but could seriously affect your quality of life in the long run. It makes sense to at least find out what you are entitled to.

Is there a time limit for making a claim?

Yes. Usually you will have up to three years to claim for your accident. You can make a claim at any point during these 3 years although it is advised that you speak with a claims expert as soon as you can.

The three year period starts to run either from the date on which the injury occurred or from the date on which you first had knowledge of the injury (otherwise known as 'the date of knowledge').

Therefore, if your injury was not caused by an accident – for example you are suffering from an occupational illness such as stress at work, asbestos related diseases etc – then you have 3 years from the date you first knew (or should have known).

Also, if the claim is to be made on behalf of someone who has died; dependants/relatives have 3 years to claim from the date of their death (if three years had not already passed during the deceased person's lifetime).

The limitation period does not start until the plaintiff reaches the age of 18. So, someone who is 15 at the time of an accident would have until their 21st birthday to make their personal injury claim.

If you would like more information relating to your specific situation, ask us a question today and we will give you the information you need completely free of charge and with no obligation. Just describe your circumstances and we will do our best to help you.

What if three years have passed?

Sometimes, at the Court's discretion, a claim can be made out of the limitation time period if there is a good reason for the setback. However it is still advised that claims are made within the three year period where possible.

However, if you are worried that your time is up and have already started to panic and kick yourself – STOP before you do yourself any more damage! Here at compensationclaims.co.uk we want to lessen your confusion and give you a straight answer and the advice you need. Just ask us a question and one of our specialist claims experts will be able to let you know where you stand.

Can I claim for sick days taken due to my accident?

Yes. If you have been injured due to an accident at work and have been unable to work due to your illness or injury, you should be able to claim up to 28 weeks of statutory sick pay.

According to the HSE Survey (2009_10),
95,369 reported injuries to employees caused an absence from work of over three days. Of these injuries, the most common kinds of accident were caused by handling, lifting or carrying (36%), and slipping or tripping (24%).

If you don't have the time to rummage around for your sick note just yet, you can always ask one of our specialists a quick question now and get an answer in 15 minutes. Our claims experts can help to clarify what you might be entitled to before you have to start the ball of 'all the serious stuff' rolling.

Can you prove the negligence of your employer?

Most compensation claims hinge on the question of fault and tend to depend on whether the party being sued has caused damage to the party making the claim. Your employer must provide:

Safe conditions in the working environment

Examples

• Floors should be kept clean, dry and safe from obstructions and clutter like files or cables.
• Desks and workstations should be safe and stable
• There must be safe ways of passing to and from areas, particularly if the staff have to cross or visit a factory floor
• Suitable safety measures should also be put in place for the heating, ventilation and lighting of work premises
• Car parks should be safe

Suitable materials and working equipment

Examples

• Those involved in dusty, dirty or noisy work should be provided with the appropriate masks and hearing protection
• All employees involved in lifting should be appropriately trained
• Anyone working at heights should be provided with training and, when required, goggles, hard hats, safety boots and other appropriate safety clothing

Safe working procedures

Examples

• To prevent injury employees should be trained appropriately if their jobs involve lifting and regular checks should be made to ensure that suitable methods of lifting are being used.
• If there are known dangers then the employee needs to be advised of these and properly trained in order to avoid them.

Competent staff

Examples
Employers can be liable if they do not ensure that...

• The people working alongside you are competent in their jobs
• Equipment is used properly by everyone

If you are confused about whether or not you can prove the negligence of your employer; just ask one of our compensation claims experts – they know all about that sort of stuff!

Do I need to present any particular kind of evidence in order to start my claim?

Your work injury compensation case will probably be reliant on whether you can prove the negligence of your employer. You will probably need to produce two kinds of evidence to support your claim:

1. Evidence that the damage suffered resulted from failure by the defendant to achieve the standard of care owed to the claimant (for example, a failure by a hospital to display wet floor signs and so prevent the slip, resulting in the injury suffered.)
2. The plaintiff (you) must justify your damages claim with specific facts such as medical evidence of injury.

If you're worried that you don't have sufficient evidence or have a question in relation to this area of compensation claims – just ask one of our claims experts and they will be able to offer you the assistance you need.

Will my claim be affected if I am partially at fault?

You may bear some responsibility for the accident, which may reduce your damages. For example, if you were 40 percent at fault, your recovery may be reduced by 40 percent...

If a car was parked incorrectly and causing a hazard to other drivers, although a careful driver should not have hit the stationery vehicle, the parked vehicle should not have been there in the first place.

Courts recognise that it is often impossible to say that any one person is singularly to blame for the cause of any accident or injury. So, the person who was injured will often bear some degree of responsibility.

If you would like to find out where you stand, just ask one of our claims experts; they know all the ins and outs and will be able to give you the information you need.

If you have had an accident at work, why not ask a claims question.