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Making an Accident at Work Claim
Almost half of all injuries involve an accident at work.
Nevertheless, employees often find it difficult to bring a
work accident claim for compensation. Naturally, many are
afraid of the possible consequences if they take their employer to
court over a work accident. Mostly, however, these fears are
groundless as all employers are obliged by law to have Employer's
Liability Insurance which covers them if an employee suffers
injury in an accident at work and action can be taken
against employers who discriminate against employees simply
because they are pursuing a legitimate compensation claim against
them for injuries caused by an accident at work.
What to do if You Sustain Injury in a Work Accident
The very first thing you should do if you sustain injury in an
accident at work and are going to be off sick for a period of time
as a result of the injuries caused by the work accident is to ensure that you
receive your statutory sick pay which is payable for up to 28
weeks. If you are still off after 6 months as a direct result
of your work accident injuries, then you can make a claim for incapacity benefit
and/or possible other benefits. You should also check whether you
are entitled to any sick pay from your employer under your
contract of employment.
You should also ensure that your work accident is recorded in
your employers accident book. They are obliged by law to record
all work accidents in their accident book if they have more than 10
employees in the work place. If there is no accident book and
no-one has made a note of your work accident, then you should
write to your employer and provide them with a full description of
the work accident and the injuries you sustained in it in
your letter.
Bringing a Work Accident Claim To bring a claim for a work accident, you will have to prove
that your employer has caused the injury by their failure to take
reasonable care to prevent the work accident. An employer has both common
law duties grounded in negligence and statutory duties via Acts of
Parliament and European legislation. Just a few examples of duties
which an employer owes to their employees and can be found liable
for should they be in breach are:-
Safe
System
An employer must ensure that work is carried
out in the work place in the safest possible manner given the
nature of the job, the equipment provided, and standards within
the industry. Employees must be notified of inherent or known
dangers and provided with sufficient training to protect them from
those dangers so as to avoid a work accident. Regular monitoring should be carried out in the
work place to ensure procedures are being adhered to.
Safe Premises
This not only means that floors in the premises must be kept free
of substances and objects which could cause slipping and tripping accidents, but employers must also ensure, for example, that the
premises are adequately heated and ventilated, and that
the car park is safe.
Safe Equipment and Adequate Training and Supervision in How to
Use it
To avoid a work accident, equipment should not only be safe, but employers must
provide employees with sufficient training in how to use it safely, and have a system of inspection and maintenance
in place to ensure that the equipment is kept in good repair and
work accidents prevented. This covers all equipment from the
desks employees use to computers and pneumatic drills.
Competent Staff
To prevent a work accident, an employer has a duty to ensure that all
employees are competent in their jobs. Hence, an employer is
responsible for any accident at work
causing injury to an employee which was caused by another employee, whether it is through failure
to use equipment properly, a drink or drugs problem, or simply
caused by messing around.
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The Accident
Solicitors, the brand, is part of Antrobus
Solicitors, a firm regulated by the Solicitors
Regulation Authority. Details of the
professional rules which regulate solicitors can
be found at the following website address:
http://www.rules.sra.org.uk |
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The Accident Solicitors - handling cases nationwide:
Carlisle, Worcester, Durham, Lincoln, Hereford, Canterbury, Litchfield, Ripon,
Bangor, Wells, St. David's, Luton, Bedford, Bedfordshire, Berkshire,
Buckinghamshire, Cambridgeshire, Cumbria, Derbyshire, Dorset, Essex,
Gloucestershire, Hampshire, Herefordshire, Kent, Leicestershire,
Lincolnshire, Middlesex, Norfolk, Northamptonshire, Oxfordshire,
Shropshire, Somerset, Suffolk, Sussex, Warwickshire, Wiltshire, Worcestershire, Reading, Newbury, Anglesey, Gwent, Clwyd, Gwynedd, Dyfed, Powys, Bath, Brighton, Cambridge, Oxford, Plymouth, Southampton, Stratford, York, Glamorgan, Cheltenham, Bradford, Wakefield, Coventry, Leicester, Sunderland, Hull, Stoke, Wolverhampton, Swansea, Salford, Ipswich, Portsmouth, Peterborough, Lancaster, Newport, Preston, St. Albans, Norwich, Chester, Salisbury, Exeter, Gloucester, Chichester, Winchester, Cleveland, Tyne and Wear, Northumbria, Wrexham, Cardiff, Manchester, Liverpool, London, Birmingham, Derby, Bradford, Cheshire, Lancashire, Yorkshire, Newcastle, Birmingham, Devon, Cornwall, Sheffield, Staffordshire, Leeds, Nottingham, Bristol.
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