Thursday, July 9, 2009

Accident at work claims.

Making an accident at work compensation claim

If you are involved in an accident at work which causes a personal injury, or if you have contracted an industrial illness through the work that you do, you may be entitled to make a no win no fee accident at work compensation claim

All employers have a legal responsibility to provide employees with a safe and secure workplace. This responsibility includes providing adequate equipment and materials, providing competent co-workers, providing a safe system of work and providing proper training and supervision.

As accidents at work are common, your employer must have insurance to cover any compensation claims that are made against them by employees who are injured at work. This is known as Employers Liability Insurance.

Types of Accidents at Work

Below are some examples of accidents in the workplace and some information on some of the common questions and concerns regarding accident at work claims.

Accidents at work caused by unsafe work premises

Your employer has a responsibility to ensure that the place, or places, where you work are safe. Therefore if you have an accident at work due to a slip on a wet floor, a trip on a raised floor tile, or a fall down some damaged steps, you may be entitled to make a work accident compensation claim against your employer for the injuries your have sustained.

Accidents at work caused by unsuitable equipment or materials

If you are involved in an accident at work which is caused by unsuitable equipment or materials, you may be entitled to make a work injury compensation claim for any personal injuries that you suffer. Even if your accident is caused by faulty equipment, materials or machinery supplied by another company, the responsibility for ensuring that they are safe for you to use and that you are adequately trained to use them will usually remain with your employer.

Accidents at work caused by unsafe system of work or lack of proper training

Your employer has a responsibility to take reasonable steps to ensure that you are able to carry out your work duties in a safe way in order to avoid any inherent dangers. For example, if your work involves a lot of heavy lifting, your employer should provide training so you are aware of the correct way to lift items in a way which minimises the risk of injuries. If you are not provided such training, and suffer an injury as a result, you could be able to make a no win no fee work accident compensation claim.

Accidents at work caused by incompetent staff

Your employer must ensure, to the best of their ability, that the people they employ are competent in their jobs and do not put other people in the workplace at risk by their actions. Therefore if you are injured at work due to something a fellow employee did, or did not do, your employer is potentially liable for those actions.

Common Work Accident Questions

Below are some common questions relating to accident at work personal injury claims.

How long do I have to make a work accident claim?

A work accident compensation claim must be made within three years from the actual date of the accident. If at the time of the accident you are under the age of 18, the three year period would not start until the date you turn 18 years old. If your work related injury only became apparent at a later date after the work accident, the three year period would begin on the date you became aware of the injury, rather than the date of the work accident.

If I make a compensation claim for an accident at work, who pays the compensation?

It is a legal requirement for your employer to have insurance cover, known as Employers Liability Insurance, to cover them in case of any work related accidents. If your no win no pim personal injury claim for an injury you have sustained at work is successful, it is the company’s insurers who pay the compensation awarded, not your employer.

Can I get the sack for making a work accident claim?

An employer cannot legally dismiss an employee for making a compensation claim for an accident at work. Therefore if your employer did dismiss you on these grounds, it could be classed as unfair dismissal, which could entitle you to make a separate compensation claim through employment law.
If you have had an accident at work within the past three which was not your fault, and you suffered an injury due to the accident, you may be entitled to compensation

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