How to claim for an accident at work

Workers on construction site

Everyone is entitled to a safe environment while working. On average we spend over 1,700 hours a year at work. You don’t go into your place of work and expect to find yourself going home with an injury, no matter how serious.

If you find yourself in the unfortunate position of being injured at work do you know what you should do? Is your job safe if you decide to make a claim? Does your employer have to pay for your claim?

These are all valid questions. So what should you do?

Firstly if you can, take pictures of what caused the accident. This may seem obvious, but the likelihood is if you are required to take any time off work due to your injuries, any issues will have been rectified by the time you return. Do not put yourself in further danger in order to take photographs.

Ensure that an accident report is completed. You should be provided with a copy of the report or be able to request a copy. Make sure you read it over and check that the details included are correct.

If anyone witnessed the accident, take details of their name and their contact details. This will make it easier for your solicitor to contact them for a witness statement if required as part of your case. Most people don’t contact a solicitor immediately and in the meantime you might move job or one of your witnesses might move, this is why you should collect these details as soon as you can, otherwise it could be much harder to source these details later.

Is there anything else you should know?

One of the most essential things to know is that a personal injury claim is not fair grounds for dismissal.

If you are sacked for making an accident at work claim then this could be classed as a claim for unfair dismissal.

Additionally if your employer made life difficult at work following making a claim and you feel you have no choice but to resign, then you may have a claim for constructive dismissal.

Either of these situations is something that the Digby Brown Employment team can assist you with.

Will my employer have to pay the compensation?

The short answer is no, many of our clients are worried that their employer will be responsible for paying their compensation out of their own pocket.

Any company that employs staff are required by law to have Employer’s Liability Insurance, this ensures that the business is protected in the event an employee is injured at work.

It is the insurance company who would be responsible for paying any compensation you are entitled to not your employer directly.

Why should I go to a law firm? Can’t I handle it myself?

You may find that your employer wants to deal with you directly, or that you have access to Union representation. In short, the only accurate way to determine what level of compensation you are entitled to is to seek advice from an independent legal firm. We fully investigate the injuries you have sustained, the circumstances of the accident and any future impact your injuries may have. This way you can be confident that the settlement you receive is fair.

Contact Digby Brown

Digby Brown specialise in personal injury cases and deal with those who have been injured through an accident at work on a daily basis.

For more information on the process you can read our Accident at Work section, or contact us either on the number below or through our online enquiry form.