If you are unfortunate enough to be injured in an accident at work, you may be able to make a Personal Injury claim for compensation. Accidents do happen in any job and in any situation. They are not limited to factories and building sites; every workplace has its own dangers. Your employer has a duty to protect you from injury at work and tell you about any health and safety issues that affect you. Your employer also has a legal obligation to report certain accidents and incidents and to pay you sick pay.

If you are considering suing your employer, remember that the aim of work accident compensation is to put you in the position you would be in had the accident not occurred. By law, your employer must be insured against injury to employees. Your employer should place a certificate showing the name of its insurance company where it can be seen at work. You can also ask your employer to give you the details if you need them. You will be entitled to Statutory Sick Pay at the very least. Your right to contractual sick pay should be in your employment contract or your terms and conditions of employment.

Every employer is responsible for protecting employees, contractors and visitors from all accidents and injuries. This means that have to:

• Give employees all the necessary machinery and tools to do their jobs.
• Make sure that machines and tools are maintained to a safe condition.
• The workplace is kept in a safe and tidy condition.
• Employees are provided with suitable workstations and chairs and the floor and corridors should be clean and free from hazards.
• Doors and gates are not obstructed.
• Train all employees who lift heavy objects on how to do this safely.
• Provide all employees with any safety wear they need to do their jobs, such as ear defenders, dust masks, high vis. jackets, goggles, safety boots etc.

You are also responsible for your own health and safety as well as your colleagues. You might find that any compensation claim you make fails, or the amount you receive is reduced, if you contributed to the accident through your own carelessness. But if you made a mistake because you were not trained or did not see a hazard that should not have been there in the first place, then that would be your employer’s problem not yours. This also applies to occupational illnesses and accidents. Similar rules apply where you are self-employed or a visitor rather than an employee.

If you are unfortunate enough to be injured in an accident at work, you may be able to make a Personal Injury claim for compensation. Accidents do happen in any job and in any situation. They are not limited to factories and building sites; every workplace has its own dangers. Your employer has a duty to protect you from injury at work and tell you about any health and safety issues that affect you. Your employer also has a legal obligation to report certain accidents and incidents and to pay you sick pay.

Resources available

How to win your workplace personal injury claim

How to prepare a discrimination schedule of loss for the employment tribunal

How to write a grievance about discrimination at work

How to use the discrimination questions procedure

Disciplinary action and capability

Health and Safety Dismissal

Surviving Capability and Performance Management

Employee Representative Guide for non-union workplaces

DOCUMENTS, FORMS AND LETTER TEMPLATES

What you can do

If you are injured at work then you may be able to make a personal injury claim.  You can make a personal injury compensation claim if your injury was caused by the negligence of a colleague.You will be entitled to Statutory Sick Pay. Your right to sick pay should be in your employment contract or your terms and conditions of employment.

Do not accept compensation from an insurance company acting for your employer without taking legal advice. You may find that you have settled for less than you are actually entitled to.

You will need to prove that your injury, occupational illness or disease was caused by the negligence of your employer. At Employee Rescue we believe that information is your friend. How to win your Workplace Personal Injury Claim is your essential step-by-step guide to making your personal injury claim for compensation of up to £25,000.00 to cover losses you have suffered as a result of an injury at work. These are called Employer Liability claims. The book takes you quickly and simply through essential information on;

• Your legal rights
• Remedies
• How to get your compensation
• Templates
• The latest information on personal injury

The Pre-Action Protocol

You start your claim using the Pre-Action Protocol for Low Value Personal Injury (Employers’ Liability and Public Liability) Claims. The Employee Rescue Guide explains what you must prove, in order to be successful, such as;

How to win your claim for personal injury at work

• Identifying that there is a person, company or organisation to make the claim against.
• Showing that the person, company or organisation owed you a duty of care to avoid your accident and injury, and could have taken steps to avoid the situation.
• Proving that your injury was caused by the failure of the responsible person or organisation to take reasonable steps to avoid causing your accident or injury.

Disclaimer

This resource is published by Employee Rescue Limited. Please note that the information and any commentary on the law contained herein is provided for information purposes only. The information and commentary does not, and is not intended to, amount to legal advice. Employee Rescue accepts no responsibility for any loss occasioned to any person acting or refraining from action as a result of the material contained in this publication.

Further specialist advice should be taken before relying on the contents of this publication. You can send an e-mail to thelawyers@employeerescue.co.uk for such specialist advice if required.

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