 Injury at Work ClaimsAll employers are expected, by law, to have Employers Liability Insurance, which means that anyone injured in the workplace can expect to be able to make a claim if the accident was not their fault. If you are injured and it means you can no longer complete your job, you have an ongoing injury or disability or you are left out of pocket because of the experience, you may possibly have a claim against your workplace.
It is extremely important that all procedures surrounding accidents are followed at the time of the accident and afterwards. This is important to protect the employer and the employee alike. The following points should be taken into consideration if an accident occurs.
The accident must be reported in the workplace accident book. This should happen even if the injury is relatively minor, as injuries can sometimes get worse over time. Workplaces which have more than ten employees must, by law, have an accident book. It is wise for all employers to ensure one is available to staff regardless of the number of employees.
If an accident is more serious and of an industrial nature, it needs to be reported to the Incident Contact Centre of the Health and Safety Executive (HSE).
You must visit your doctor as soon as possible to document your injury. Take photos of where the accident occurred and get statements from any witnesses. Your doctor will inform you of when you can return to work and your employer must accept this decision.
Statutory sick pay can be paid for up to 28 weeks following an accident, illness or injury if it means that a person cannot work. Some workplaces will offer more than this. After this time you will have to claim a sickness benefit.
All staff need to be made aware of any hazards they may encounter during their employment. It is possible to sue the employer on both civil and criminal grounds if they fail to do this.
The case will hinge on proving that the employer has failed to provide a safe place to work, procedures which are safe, the correct materials and equipment and the right people to work alongside.
While you may have concerns that your employer will treat you differently if you make a claim against them, it is important to bear in mind that pursuing a claim can result in better conditions for all and that the employer could face more compensation claims if they are discriminatory on this basis.
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