If you have been involved in an accident at work and it has left you injured, you may be wondering if getting compensation is the right route to take. In most cases it is, but it is important to consider if your employer has followed all of the required procedures in your workplace first.

If you wish to pursue a compensation claim you need to prove that your employer was negligent in some way and this can be difficult to prove. The following should give you some indication as to whether negligence occurred in your workplace and if a claim for work injury compensation is worthwhile.

Showing Negligence

You will need to show that your employer failed to offer you the correct training for your job, the right equipment or clothing and that all necessary precautions were not taken. If any of these things did not happen then you could claim your employer was negligent.

Health and Safety

Your employer is required to have taken into consideration all of the laws surrounding health and safety. This includes having Employer Liability Insurance, having someone in charge of health and safety, having a health and safety policy in place, assessing the risks to staff, providing the right atmosphere for staff including washing facilities, keeping staff up to date on health and safety and reporting all incidents. If your employer has failed in any of these areas and it led to your injury, you may have a case for claiming compensation.

Your Contract

It is possible for your employer to be considered contractually responsible for your injury if they break the terms of your contract. Your contract should set out the minimum requirements of both yourself and your employer. Even if you are self employed you can have a claim for an accident which occurred at your workplace.

Occupier liability

Your employer has a duty to protect everyone in their building or workplace from harm. Even if you are at another workplace and an accident occurs you can still claim compensation from the person responsible.

You may feel that you do not have a case because the accident was your fault. This is not always the case. If a workplace hazard is pointed out to someone, it is still a hazard and can cause injury. A warning is not sufficient to protect the employer from a claim. However it is possible that the amount of the claim may be reduced if it is deemed the accident was caused through carelessness.