PERSONAL INJURY FOLLOWING AN ACCIDENT AT WORK IN THE UK
Every year in Britain there are said to be more than a 1 million accidents at work. The vast majority of incidents involving bodily injury and hospital or medical treatment for the injured party.
Many incidents occur as a result of poor safety standards being adopted by the employers. There are many many rules and regulations that govern the way workplaces should be managed and it is fair to say that Britain’s working environment is one of the safest in the world. However not all employers take sufficient steps to safeguard the wellbeing off their employees and as a result far more accidents take place than might otherwise be the case.
Almost regardless of the type of occupation, it is possible to suffer some sort of injury in the workplace. Many people are injured on building sites and construction is probably the most dangerous sector in which to work. But it's also possible to suffer an injury in an office or similar indoor working environment.
Many employers have found it very difficult to keep up with the raft of health and safety regulations that have been introduced during the course of the last 20 to 30 years. But the simple fact is that they are required by law to adhere fully to the existing regulations and if they fail to do so an employer will be deemed negligent and a claim for personal injury compensation may result.
In the UK, and any employee that has been injured in the course of his or her duties at work, may have the right to make a compensation claim against their employer. Virtually all employers have Employers Liability Insurance which indemnifies them in respect of any claims arising from their negligence or the negligence of another employee.
If you have been involved in an accident at work, the chances are that you may well have the right to pursue a personal injury compensation claim. In the UK and we now have a legal system that revolves around the concept of no win no fee. This means that for all intents and purposes an individual can make a claim for compensation without incurring any liability for legal costs. The injured party will sign a no win no fee agreements with his chosen lawyer who will then pursue the case without asking for any fees up front. The general idea is that if a case succeeds, the lawyer will receive costs from the employers insurance company, whereas if the case is lost they will agree not to charge the injured party.
In order for a case to proceed it must first of all have merit. The lawyer will need to assess liability and try to determine precisely how the accident occurred. In many cases the injured party may be also partly to blame to the incident or injury but such factors do not rule out the possibility of a claim. Primary liability needs to be established. The second thing that a lawyer must assess is whether the injury that has been suffered, justifies a legal claim being made.
You may be entitled to claim for pain and suffering compensation, loss of earnings, loss of overtime or bonuses, treatment costs and other care / services expenses. One of the great benefits of pursuing a personal injury claim is that you are entitled to receive treatment or therapy costs which can assist in your recovery. The claims process is not just about recovering the financial losses that usually follow such incidents, your lawyer must also focus on helping the injured party make a recovery from the injuries.
Please note that if an employee is absent from work for more than 3 days or if the accident was of a serious nature, the employer MUST complete a RIDDOR report form for the Health & Safety Executive (HSE). This report is a formal record of the event and is usually followed by a HSE investigation. The employer also has a duty to keep internal accident records and must ensure that all injuries are noted in an official "accident book".
If you have been injured in accidents at work then you should make immediate enquiries with a personal injury solicitor, to determine whether or not you have the right to claim damages.
Martin Nolan is a legal marketer working in the UK personal injury sector. To find out more about accident at work claims please visit The Claims Connection website.