 Work Injury ClaimsShould you suffer an injury at work that causes you suffering, financial loss and other problems, you may be entitled to make a claim. However, you will only succeed in your claim if your employer has been negligent and you are able to prove this.
The first rule of making a work injury claim is to get started straightaway. Don't hang about because speed is essential. According to the law, you have to make a claim within three years of the incident occurring that resulted in injury. If the true extent of the injury is not known at the time, you may be allowed three years from when it became apparent.
Although the time limit can be extended in certain circumstances, it's in your interest to progress the claim as quickly as possible anyway. You need to gather evidence from witnesses without delay because people do tend to be forgetful and you want to get an accurate story while things are still fresh in their minds.
You also have to obtain as much evidence as you can while it's still there. Take photographs of the faulty guard before it's repaired or of the wet floor before it's cleaned up.
To make a claim, you have to prove that your injury occurred due to an accident at work or as a result of the conditions you work under. You must also prove that your employer breached their duty of care by failing to do everything reasonably possible to prevent the incident. Employers aren't expected to be able to prevent every accident occurring but if they take precautions, such as installing safety guards, providing adequate training and posting notices, they may avoid a claim.
One way to help your claim is to build up as much documentary evidence about the accident as possible. Make sure it's recorded in the accident book and see your doctor or visit your company's medical centre. If a serious accident has occurred, your employer is legally obliged to report it.
Claims can be of different types depending on where you work and what you do. You may be injured due to faulty machinery, a slippery floor or any other conditions that make the working environment unsafe. If your work requires you to drive a car or van that belongs to the firm, it has to be maintained in a safe and roadworthy condition. If not, and an accident results where you sustain an injury, you could be entitled to make a work injury claim.
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