Work Accident Injury Claims

Work Accident Injury Claims Guide

When employers fail in their duty of care to employees and injuries are suffered as a result, it is possible to make work injury claims to recover compensation.

Employers are required by law to ensure that the workplace is a safe environment, and that employees are not placed at risk of injury. An employer must take steps to reduce hazards to a bare minimum, provide training on health and safety in the workplace, and take steps to limit any tasks which carry risks to the employee. They are required not only to provide proper safety equipment, but also to ensure that staff are properly trained on how to use it and ensure that it is properly maintained.

When an employer fails in any one of these areas and an employee suffers an injury as a result, it is usually possible to make work accident injury claims for compensation. If you have been injured in an accident at work, and do not feel that you were entirely to blame, you should seek legal advice from a work accident injury solicitor about recovering compensation for your injuries.

Work Accident Injury Claims and Manual Handling Accidents

Manual handling accidents are one of the leading reasons for making work accident injury claims. It has been calculated that over 300,000 workers suffer from back injuries caused by manual handling accidents annually in the UK, which results in over 70 million working days lost every year. Back injuries can be particularly debilitating and painful, can take weeks or months to heal properly and may even have long term health consequences. They almost always involve prolonged periods of absence from work, with potentially severe financial repercussions for employees.

According to the Manual Handling Operations Regulations 1992, employers are required to limit lifting in the workplace to a bare minimum, and when this is not possible they must make lifting equipment available or reduce the weight that workers are required to carry. A failure to reduce the risk and provide training on how to lift properly are valid reasons for making work accident injury claims if an injury has been sustained as a direct result.

Making Work Accident Injury Claims Against A Current Employer

Many work accident victims are reluctant to seek legal advice or even to make work accident injury claims against a current employer for fear of losing their job or jeopardising their future job prospects. While this is perfectly understandable, if you have suffered an injury which was not your fault, and the accident could have been avoided if proper care had been taken by your employer, it is only right that you are compensated for your injuries.

It is never the employer that is personally responsible for making a compensation payment, but their public liability insurance policy which settles work accident injury claims. It is the reason that employers are required by law to take out insurance; to ensure that funds are available to cover compensation for any injuries that are sustained in the workplace. Most employers will be understanding about work accident injury claims, and would not wish you to suffer financially as a result of any accident at work.

Legal Advice on Work Accident Injury Claims

Although work accident injury claims can be pursued without the services of a solicitor, claims for compensation made without proper legal representation have a higher chance of being unsuccessful. Making an unsuccessful claim for compensation against an employer can have serious consequences for an employee. It is therefore vital that everything is done to maximise the chances of success, and seeking legal advice from a work injury compensation solicitor is highly recommended.

A work accident injury solicitor will be aware of the sensitive nature of making a claim against a current employer, and will be able to give you invaluable advice on making a work accident injury claim. First of all they will assess whether you are eligible to claim compensation for your injuries, and will advise you of the steps you must take in order to proceed with a claim. Contacting a work accident injury solicitor does not mean that you are initiating a claim for compensation. It is just the first step you should take to determine whether it is worth your while to make a claim for compensation.

Offers of Settlement for Work Accident Injury Claims

Any accident in the workplace which results in a period of absence from work of 3 days or more has to be reported to the Health and Safety Executive. Employers will often also notify their insurance company at the same time. Because of this, an accident victim may be contacted by the insurer directly with an offer of compensation. Such direct contact with an accident victim is perfectly legal and private settlements can be reached without the aid of work accident injury solicitors. The problem in such cases is that the offer of compensation made by the insurer may not adequately reflect the seriousness of the injuries sustained.

Any offer made by an insurer will be a figure which they are comfortable with paying, and is unlikely to be for the full entitlement to compensation. Such offers have high potential to be under-settled, and should an insurer make direct contact it is strongly advisable to seek independent legal advice before accepting any offer of compensation. In the majority of cases, if a legal claim for compensation is filed, it will result in a far higher compensation payment being awarded. It is usually in the client´s best interests to make work accident injury claims rather than to accept direct offers of settlement. A qualified occupational injury solicitor will assess any offer, and will be able to tell you if it is an appropriate settlement.


About Work Injuries