Accident at work – worried about making a claim?
No one expects to go into work one day and find themselves in an accident leaving them with an injury. Unfortunately, for some this becomes the case.
One of the first or main concerns for individuals, is the impact an accident at work claim can have on their job. Many are worried that their employers may try and terminate their employment or that it might even sour relations with them.
Can I be sacked for making a claim?
The first and most important thing to highlight is that an employer cannot sack you for making a claim.
If they did sack employees for making an accident at work claim, then this could result in a claim for unfair dismissal.
If they started to make life intolerable at work and you felt you had no choice but to hand in your resignation, then you might still have a claim for constructive dismissal.
This is something that our Employment Law Department may be able to assist with.
Who pays the compensation for an accident at work?
Another question many ask is who pays the compensation. Some individuals are concerned that the funds would have to come directly from their employer.
Every employer who employs employees, is required by law to have Employer’s Liability Insurance to ensure you are protected against accidents at work.
It would, therefore, be the employer’s insurance company who would pay compensation to you.
If you see a certificate displayed on your employer’s premises with the name of the insurer and their reference, you should note this down.
Important things to note about an accident at work claim
1. Work Accident report
If you have an accident at work it is important that an accident report form is completed.
If it is possible, read the completed report to make certain it is an accurate account of how the accident occurred. You should be given a copy or be able to take a copy.
2. Photographs of what caused accident at work
Where appropriate and possible, you should take photographs of the area or equipment that caused the accident. Always ensuring you are not putting yourself in danger doing so.
3. Witness contact details
Finally, where people witnessed your accident at work, you should note their names and contact details so it is possible for your solicitor to obtain witness statements, if appropriate.
Many don’t contact a solicitor until later and this can mean the witnesses have left employment or the injured person may have moved jobs themselves and they can no longer contact important witnesses.
How can Digby Brown Solicitors help?
At Digby Brown Solicitors we specialise in personal injury claims and deal with accidents at work on a daily basis.
If you have been injured in an accident at work and wish to discuss this with someone, call us on 0333 200 5925 or fill in our online enquiry form and a legal advisor will contact you.
0333 200 5926
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