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Accident at Work Claims
Accidents in the workplace are often unavoidable despite the many precautions put in place to keep employees safe. The personal injury team at JMW can help you claim compensation for an accident at work that was caused by somebody else’s negligence. Our solicitors are experts in claims of this kind and can guide you through the entire process, ensuring you have the advice you need every step of the way.
If you have had an accident at work in the past three years and it was caused by somebody else, then you are legally entitled to make a claim for compensation for your injuries.
Our team has dealt with many cases of injuries sustained in the workplace, ranging from minor slips and trips to catastrophic accidents, including:
- Brain and head injuries
- Broken bones
- Burns and scalds
- Slips and trips
- Spinal injuries
In rare cases, an accident in the workplace may be so severe that the individual involved may pass away. If you have been unfortunate enough to have lost a loved one in these circumstances, you can make a claim on behalf of their estate.
Naturally, injuries sustained in the workplace vary from sector to sector and are dependant on the nature of the work and the potential hazards you may encounter. The most common causes of injuries our solicitors have successfully handled include:
- Falls from height
- Faulty equipment
- Fork lift trucks
- Hazardous substances
- Injuries from falling objects
- Insufficient training
- Manual handling
- Slips, trips and falls
Although all workplaces offer a level of risk, there are certain environments that are more dangerous than others due to the nature of work carried out. Common dangerous work environments include:
- Building sites
- Heavy industry, including working with toxic substances and asbestos
- Oil rigs
An industrial accident generally refers to an accident that has taken place in a setting such as a construction site, factory or warehouse.
Each year, hundreds of workers are injured in industrial accidents, which range in severity and cause. If your injuries were caused by somebody else’s negligence, you will be entitled to compensation.
Making an industrial accident compensation claim gives you the chance to recover the money to which you are entitled if you have been injured at work. This includes compensation to cover your costs if your injuries mean you are unable to continue in your role, have lost earnings or are suffering from an injury that requires regular or specialist medical attention.
Should you suffer from long-term illness or disability following an industrial accident, you may be entitled to Industrial Injuries Disablement Benefit (IIDB), as well as compensation. The amount you receive depends on the severity of your illness or injury. Weekly payments range from £33.60 to £168.
To make a claim for IIDB, you must have either:
- Been employed when the accident happened
- Been on an approved training scheme or course
You can also claim IIDB if you were employed or on an approved training course that caused your accident or illness. This scheme also covers asbestos-related diseases, such as mesothelioma and asbestosis.
For more information on claiming IIDB, take a look at the guide on the gov.uk site
It is the legal duty of your employer or the owner of the business to ensure staff and visitors are kept safe and well while on the premises. This includes conforming to regulation laid out by the Health and Safety Executive (HSE) as well as holding an insurance policy should an accident happen.
To ensure the protection of workers, employers take measures, including providing suitable personal protective equipment where appropriate so tasks can be completed safely, ensuring all machinery is in working condition and providing training to all employees on health and safety procedures.
How Long Does the Claim Take?
Every case is different and its length will largely depend on how long it takes for a clear picture to emerge of how your child’s injuries will impact on their growth, development and their future capacity to work and support themselves. While cases could conceivably last for a number of years, negotiations can be brought to the defendant for your child to receive support and interim payments from an early stage of the process, so as to improve the family situation and ensure that the best possible care is received in the meantime.
What Should I Do After an Accident at Work?
Following an accident in the workplace, you should make sure to report the incident to a manager so a record can be made in the accident book. Details of any witnesses to the accident should also be collected, and it is also worth checking your employment contract for information on sick or injury pay.
How Much Can I Claim?
The amount of compensation you are entitled to will vary, depending on the type of injury you have suffered, how long it takes you to recover and the overall impact it has had on your life. Our compensation calculator can give you an idea of what you may be entitled to based on the injured body part.
Is There a Time Limit for Making a Claim?
Generally speaking, there is a three-year time limit for making a claim after you have suffered a work accident. With the exception of asbestos-related claims, industrial deafness and hand-arm vibration syndrome, the time limit is taken from the date of your injury. If an accident has resulted in a fatality, the three-year time limit starts from the date of death.
All personal injury cases are different and are dependant on circumstances. At JMW, we deal with all cases as quickly and efficiently as possible while seeking to get the appropriate level of compensation for you.
Will I Have to Claim Against My Employer?
If you are making a claim for an accident at work, your employer will be notified initially, however any claim you do make will be dealt with by your employer’s insurance company and/or solicitor. Any dialogue about the claim should be held between your employer’s insurer and your solicitor, allowing you to maintain an amicable relationship with your employer throughout the course of your claim.
It is a legal requirement that every employer has insurance to protect its employees, and if an employee has an accident, it is the insurer that will have to compensate you - not your employer. In that way, this kind of insurance works in a similar manner to car insurance.
Our personal injury department understands injured workers are often worried about making a compensation claim for fear of putting their job at risk. However, our solicitors’ vast experience of carefully dealing with claims when someone has been injured on the job means you can be sure the risks are minimised.
Once you have contacted us, our solicitors will contact your employers and start the process, all the time behaving professionally, minimising any effect on your job.