All accidents at work must be officially reported as soon as possible whether the record is made internally in an accident report book or by other means and should be reported to RIDDOR if it is a legal requirement to do so. In some instances, your injuries may prevent you from reporting an incident yourself, in which case a work colleague or someone else should make sure an accident at work report is recorded on your behalf.
Following an accident at work that leaves you injured, it is important to seek first-aid followed by medical treatment from a qualified doctor. Having a medical report detailing the extent of injuries is crucial should you wish to claim compensation from a negligent employer, whether the incident that occurred was their fault or that of a work colleague. A medical report is also essential should you be entitled to claim any benefits which includes industrial injuries benefits.
Telling an Employer the Workplace is Unsafe
You have every right to discuss any concerns you have about safety in the workplace with your employer. You also have the right to speak to a trade union representative if you are a member of a trade union without fear of being treated detrimentally by an employer. All employees have the right to talk to a representative of the Health and Safety Executive if they believe their well-being and safety is being put at risk in the workplace. Another right you have is to not go to work if you feel you are in immediate danger and not return to your job until things are put right by an employer.
How To Fill Out an Accident Report Form Following an Accident at Work
A responsible employer would ensure that all accidents at work are recorded in an accident report book. The record of the incident or near miss, should encompass all the relevant details of the accident, the employees who were involved and the name of the company/business/organisation. This report is also useful because it keeps track of recurring incidents in the workplace which in turn provides valuable information on safety measures that need to be put in place.
The following procedure after an accident in the workplace should be followed if you are going to the aid of an injured work colleague:
- To ensure a area is safe before going in
- To administer first-aid
- To notify the management or person in charge as soon as possible
All of the above would ensure that the necessary accident investigation procedures can be set in place. When completing an accident report form, the following information is required:
- The contact details of the injured worker – this includes their full name, home address and telephone number, email address, date of birth and gender. On top of this, details of why they were in an area that left them injured. If another person fills out the accident report form on your behalf, they would need to include their contact details too
- Details of the accident and injury sustained – following an accident at work in which you suffered an injury, you would need to collect as much information pertaining to the incident together with the extent of your injuries and other damage that was caused in the accident. This has to include the date and time of the incident and where the accident happened. It is essential for this information to be “specific”, an example being on what floor or department the accident occurred
A complete detailed report of the injuries you sustained which must be recorded to ensure that you are provided with the correct treatment. This has to include the following:
- The type of injury you sustained – whether you suffered a broken or fractured bone, laceration, bruising or burn?
- What part of your body was injured?
- Did you need resuscitation or were you hospitalised?
- Were you take to hospital by ambulance?
- Were you ever unconscious?
- The number of days you were off work as a direct result of your injuries
The supportive evidence required is as follows:
- If a work colleague or other persons saw the accident, witness statements should be gathered which should include their contact details and if possible, a written statement of how the accident at work occurred
- Photos or CCTV footage of where the accident happened
- If available it is also useful to collect any Health and Safety Executive checks that were carried out in the past
Making a Record of the Accident
The following questions that you should ask yourself when making a record of the accident that left you injured, would help give an object picture of the circumstances surrounding the incident:
- How did the accident at work happen?
- Did you notice anything that was different than usual in your working conditions?
- Were you given the proper personal protective equipment?
- What job were you carrying out at the time of the incident and were you using any specific equipment to carry out the task?
- Offer an explanation of the events that led up to your accident at work
One of the main aims of an accident at work report, is to prevent further incidents that leave employees injured from happening. As such, the reason as to why an accident occurred is a main factor that needs to be addressed. A report could help identify whether the incident happened due to poor training, faulty equipment/machinery/ tools or because of human error.
Was Your Accident at Work a Reportable Incident?
Certain accidents at work must be reported to RIDDOR and should your employer fail to do so, they could be given a hefty fine by the enforcing authority. The procedure of reporting accidents in the workplace to RIDDOR is as follows:
- The person in charge whether an employer, manager or person who is in charge of the workplace should report an accident at work to RIDDOR. The report can be made online which would be sent directly to a dedicated database, a copy of which would be sent to the relevant person for their own records
- The report can also be made by telephone with the Incident Contact Centre being open from Monday to Friday from 8.30 am to 5 pm
Filling Out an Industrial Injuries Disablement Benefit Claim Form
Should you be entitled to industrial injuries disablement benefit following an accident at work and need help filling out the relevant form, the Barnsley Industrial Injuries Disablement office provides all the assistance you need which includes completing the form for you. You would be asked to check over the information before signing the form.
What is the Criteria for Accident at Work Claims Made Through Unison?
In order to claim benefits through Unison, you must be a member and meet the following criteria:
- That you were a member of Unison for 4 weeks before being involved in an accident at work that left you injured
- That you are not in arrears in your contributions
- That you adhere to the time limit when claiming the benefit which is within 12 months of the date of the accident at work in which you suffered injuries
- That you were injured carrying out your normal tasks or when travelling to and from your place of work or to where you were carrying out union business
It is worth noting that Unison members are not entitled to further benefits during a calendar year having received the maximum amount in a single claim. It is also noteworthy that when filling out the form, all the questions must be answered in full. If any questions are not fully answered, it could delay payment of the claim. The information required is detailed below:
- Your member details – this information is required as proof of your Unison membership
- Details of the accident at work – this information is required to establish whether you are entitled to claim the benefit and must include, the date of the incident, the date you left work due to your injuries, the details of the accident and how your injuries were sustained, the date you returned to work, whether you would be away from work for 6 weeks or more in which case you must wait before sending in your benefit claim form in order to receive the maximum amount payable
You would also need to provide bank details for the benefit to be paid by BACS. Should you prefer to receive the benefit by cheque, it can take 5 days longer for an approved benefit to arrive.
Can an Employer Fire Me for Making an Accident at Work Claim?
You cannot be fired for making an accident at work claim against your employer and if you are, you should seek legal advice because your employer could be in breach of your employment rights. If this is the case, you could file an unfair dismissal claim against your employer and if they treat you detrimentally for seeking compensation, you may also be entitled to file a detriment claim, in which case an employment law solicitor would be able to assist you.
What are My Rights Following an Accident at Work?
You have specific rights if you are injured in an accident at work and you cannot be treated detrimentally for seeking compensation from an employer. Your job must be kept safe even if you file an accident at work claim against your employer. You cannot be fired for doing so and if you are, you could file an unfair dismissal claim against your employer too. With this said, the best course of action should you be fired for “no good” reason, is to seek legal advice from a solicitor who specialises not only in accident at work claims, but employment law too.
Getting Help From an Accident at Work Solicitor
Seeking legal advice following an accident at work can be expensive, but many solicitors offer to represent you on a No Win No Fee basis which means once a solicitor is satisfied that you have a strong claim against your employer because they were in breach of their duty to keep you safe in the workplace, they would begin representing you without having to ask for an upfront payment. Conditional Fee Agreements were set in place to help people who suffer injuries in the workplace or elsewhere, the opportunity of seeking accident at work injury compensation without worrying how they would pay a solicitor for the legal services they provide.
Once you have signed a CFA with a solicitor, the Terms and Conditions of the agreement are laid out together with details of the “success fee” which you would pay, but only on a successful accident at work claim. The amount payable is taken from the compensation you are awarded. You would not have to pay the solicitor if your case is unsuccessful because the solicitor took on the risk of not being paid a fee when entering into a Conditional Fee Agreement with you. In short, working with a solicitor on a No Win No Fee basis when filing an accident at work claim takes all the worry of paying an upfront fee for legal representation off the table.
Accidents that take place at work, should be recorded in an accident report book and if the incident is “reportable”, it must be reported to RIDDOR too. Having a record of an accident and the injuries you sustained, ensures that you have evidence that the incident occurred while you were at work. If there is no log or report book, you should always ensure there is a record and photos to prove the incident happened at work which you can do by either emailing the details directly to your employer from a personal email or by sending them a written record of the incident in a letter sent recorded delivery. This ensures that an accident at work report has been officially lodged.
If your injuries are so severe, that you are immediately taken by ambulance to the Accident and Emergency department of a hospital, a work colleague should ensure there is a record of the accident for you. Gathering proof and as much evidence is essential when it comes to receiving the correct work pay entitlement when injured in an accident at work.
What Are My Rights if Injured in an Accident at Work?
Employee rights when injured in an accident at work in the UK are vigorously protected. Your employer is legally obliged to adhere to Health and Safety Executive regulations and certain accidents must be reported to RIDDOR, failure to do so could result in a hefty fine being levied by the enforcing authority. You would be eligible to receive specific pay entitlements and benefits. The rules and regulations are designed to protect you and all employees in the workplace.
It is worth noting that should you feel that your working environment is unsafe, you should take steps to alert your employer and other authorities if necessary. If you are a member of a trade union, you should notify your representative of your concerns who would then contact your employer to resolve any problems or hazards in the workplace. If you are not a trade union member, you can contact a representative of the Health and Safety Executive directly to voice your concerns.
Should you feel that you are in immediate danger of being injured, you have every right to protect yourself by not going to work until any dangers or hazards have been resolved. It is an employer’s duty to set in place all reasonable measures to keep you safe from injury and harm while you are in their employment.
Even if a work colleague causes an accident at work that results in you sustaining injuries, your employer could still be deemed liable and you would have every right to seek compensation. This includes any pay entitlement you may be eligible to receive, bearing in mind that your employer cannot stop you from doing so because they would be in breach of your rights if they do.
Your employer is also legally required to have valid liability insurance to cover workplace accidents in which employees are injured, and to cover any health related claims filed against them. This liability insurance that employers are legally required to have, should cover accidents at work caused by work colleagues too. As such, it is your employer’s insurance provider who would deal with your accident at work claim and not your employer. Should your case be upheld by a court or the insurance provider offers you an out of court settlement, it is the insurer who pays the amount you are awarded.
These rights following an accident at work apply to all “employees” which includes agency workers, temporary staff and all other people working for an employer who is in “control” of the duties that staff are tasked to carry out. As such, the pay entitlements are the same.
Your Rights To Industrial Injuries Benefits When Injured in an Accident at Work
Apart from being entitled to file an accident at work claim against an employer, you may also be entitled to claim Industrial Injuries Disablement Benefits (IIDB). This type of pay entitlement applies to certain cases. The criteria that must be met to receive this benefit is detailed below:
- You were an employee at the time the accident at work occurred
- You were taking part in an approved “training scheme”, an event or course when you were injured
- You were injured in an accident at work or developed a work-related medical condition when working for an employer in England, Scotland or Wales
It is noteworthy that certain exceptions apply which can be found on the government website. You may also be entitled to claim disability benefits should you have developed a work-related disease of which over 70 are covered by the scheme. These include the following:
- Chronic obstructive pulmonary disease (COPD)
- Loss of hearing
- Asbestos related diseases
If you were involved in an accident at work or developed a work-related medical condition, you should discuss your case with an accident at work solicitor who would provide essential advice on whether they could represent you on a No Win No Fee basis when filing a personal injury claim against a negligent employer.
Do I Get Paid If Hurt At Work?
Should you develop a medical condition or be injured in an accident at work which results in you having time off, you would be eligible to the following pay entitlements:
- Statutory sick pay (SSP) – the amount you receive would depend on the sick pay policy that your employer has in place. You may find that you would only be entitled to receive SSP which is currently set at £89.35 for up to 28 weeks, bearing in mind that your employer may add to this amount with extra payments/sickness benefits
- You would also be entitled to include your “loss of earnings” when filing an accident at work claim against your employer, whether you received statutory sick pay or not, and this would be factored into any loss of income compensation you are awarded in a successful injury at work claim
Can My Employer Fire Me For Filing an Accident at Work Claim Against Them?
Your employer must have good reason for firing you other than the fact you have chosen to file an accident at work claim against them. If you are shown the door without “good reason”, you should contact a solicitor who specialises in employment law because the chances are you could also be entitled to file an “unfair dismissal” claim against your employer too. In short, your employer cannot legally sack you for seeking compensation and receiving the pay entitlement you rightly deserve for an injury you sustained in an accident at work.
What Pay Entitlement Can be Claimed Following an Accident at Work?
You can claim specific pay entitlements following an accident in the workplace that resulted in you having time off work to recover from your injuries, whether physical or psychological. You should always seek medical attention even if you believe your injuries are only minor because further down the line, you may find that the extent of the damage sustained, was much more serious than you first thought.
Having an official medical report helps strengthen your case against a negligent employer. It is crucial evidence when it comes to calculating any pay entitlements and benefits you may be awarded in a successful claim.
The Evidence Needed to Prove Pay Entitlements Following an Accident at Work
When you are injured in an accident at work, there are specific steps that must be taken not only to prove the incident occurred while you were working, but also as proof of any loss of earnings and other benefits you missed out on during your recovery. These essential steps are detailed below:
- That the accident and your injuries are officially recorded
- That the incident is reported to the correct person, whether an employer or person in charge
- That you have photos of where the accident occurred and of the injuries you sustained, ideally these should be taken prior to receiving any kind of treatment
- That you have CCTV footage of the accident – if available
- That you have witness statements and their contact details
- That you have an official medical report of your injuries which details all the symptoms, including those that are minor
All of the above is essential evidence that is required when seeking pay entitlements as part of your accident at work claim against a negligent employer.
Should You Claim Your Accident at Work Pay Entitlement When Seeking Compensation?
You have every right to be awarded a level of compensation that is in line with the injuries you sustained in an accident at work as well as any financial losses you incurred through no fault of your own. As such, you can include all the pay entitlements you would be eligible to receive having suffered injuries in the workplace.
As previously mentioned, all employers in the UK are legally required to have liability insurance in place which not only covers accidents at work suffered by employees but compensation claims for medical conditions that workers may develop too. As such, the pay entitlement you would receive is settled by your employer’s insurance provider on a successful accident at work claim, bearing in mind that you would also receive the statutory sick pay (SSP) for the time you are unable to work which covers you for up to 28 weeks. You may receive more if your employer’s sick pay policy is higher and includes other sick pay entitlements too, even if you are off work because you were injured in an accident at work.
Working With a Solicitor on a No Win No Fee Basis
Legal representation can be expensive which is why many employees who were involved in accidents at work were put off filing for the compensation they should have received. As such, No Win No Fee structures were set in place which involve both a solicitor and an injured party signing a Conditional Fee Agreement. When you sign a CFA, you agree to pay a solicitor a “success fee” which is the percentage payable on a successful claim. Should your case not be upheld by a judge, there would be nothing to pay for any of the legal representation a solicitor provided.
Entering into a No Win No Fee agreement with a solicitor allows them to begin work on your case without having to request any money upfront. Another great advantage of working with No Win No Fee solicitor is that the “success fee” is taken from the amount you are awarded, whether it is through a court or directly from your employer’s insurance provider, should they choose to settle your accident at work claim out of court.
Having been involved and injured in an accident at work, you may find it hard to think about seeking compensation from an employer and you would not be alone. Many employees who either develop a work-related health issue or who are injured in the workplace are torn between seeking compensation for their pain and suffering and their loyalty to an employer. However, all employers have a duty to keep you safe from harm and injury while you are at work and must set in place all reasonable measures to do so but accidents at work do still happen.
If you suffered any sort of injury at work that led to having time off, you may find that you are put under a lot of stress and financial pressure through no fault of your own. As such, you should never feel awkward when it comes to seeking compensation and to discuss things with an employer who is legally required to have valid liability insurance in place for such eventualities.
Reporting and Recording an Accident at Work With Your Employer
It is essential to report all accidents and near misses to the person in charge of a workplace whether this is an employer or manager. If your injuries are such that you cannot report an incident yourself, a work colleague should do this on your behalf ensuring that all the details of the incident and your injuries are recorded correctly. You have every right to see the record to make sure this is so when you can.
Naturally, the first thing you should if you are injured in the workplace, is to seek first-aid from the designated person and to then seek medical attention from a qualified doctor. You may need to be taken to the Accident and Emergency department of a local hospital by ambulance and your employer should ensure that a work colleague goes with you.
With this said, once you are able to, you should discuss the circumstances that led to you being injured in an accident at work with your employer. This is essential because by doing so, you could avoid any unnecessary misunderstandings further down the line. An employer must listen to your concerns about safety in the workplace and why you believe you were injured while carrying out your normal daily tasks. Your employer should carry out an accident investigation which they may do while you are still recovering from your injuries.
Although it is perfectly acceptable for an employer to carry out an accident investigation as soon as possible, an unscrupulous boss may use the opportunity to cover up any reasons why the accident that left you injured occurred. If possible, you should ask a work colleague to keep note of any changes that an employer sets in place while you are off work and to take photos of these as an official record. This would be essential when establishing liability for your injuries once you file an accident at work claim against an employer you believe was negligent in their duty to keep you safe at work.
A responsible employer would always put the welfare and the safety of their employees first over anything else which includes productivity and targets. They would always be willing to listen to any concerns you may have about safety in the workplace. A good employer would be extremely concerned should you be injured during the course of carrying out your normal duties and would do their best to ensure that you are compensated correctly for the pain and suffering you had to cope with if you are injured through no fault of your own while at work.
The 5 Stages of an Accident at Work Investigation
As previously mentioned, an employer would want to carry out an accident at work investigation with the 5 stages being detailed below:
- Reporting the accident – whether this is only “internally” in an accident at work report book or with RIDDOR should the incident be “reportable” by law
- Collecting information and evidence – not only is gathering as much evidence and information of an accident at work as possible is essential, but your employer too should gather proof of why the incident occurred
- It is important for all the evidence and information to be correctly analysed to determine why an accident at work occurred
- It is also crucial for risks, hazards and dangers to be identified and to establish whether any measures in place were in fact, inadequate
- Once a risk assessment has been carried out, an employer must set in place measures to reduce the risk of an accident occurring in the workplace which must include things like reviewing risk assessments, employee training programmes and to discuss all concerns with staff
A responsible employer would keep you appraised of everything they discovered during an accident at work investigation, even if you are still recovering from the injuries you sustained and as such, still off work.
Is the Workplace Safe For Employees to Work In?
If you have any concerns about your safety having been injured at work, you should discuss any issues you have with your employer who must ensure that the following is in place:
- Buildings and work areas are kept in good repair
- The workplace is safe and equipment/machinery/tools work efficiently
- Dangerous defects and hazards are dealt with immediately and to protect all workers who may be at risk
- Set in place necessary precautions of items/goods falling onto employees/people visiting
- Cover or fence off all floor openings when not being used such as vehicle examination pits
- That employees have adequate space to work in and to access
- Safety glass to be used where necessary
- Floors, stairs and corridors are kept tidy and free of any sort of obstruction
- That good drainage is provided in areas where workers work with wet processes
- That windows can be opened and closed safely where installed to do so
- Skylights and windows must be constructed and designed for safe cleaning with anchor points fitted where necessary
- To use sand or salt to minimise the risk of accidents caused by snow or ice
When it comes to lighting, an employer must ensure the following in the workplace:
- That a work area is correctly lit using natural light wherever possible while avoiding too much glare
- Workstations should benefit from good lighting
- Emergency lighting to be in place to be used when needed
- Stairs, hallways and corridors to be well-lit
- Outside areas should be well-lit
Should you feel that a work area is unsafe, you should discuss your concerns with the person in charge or employer. If nothing is done to correct a situation, you have every right to speak to a trade union or Health and Safety representative without the fear of being treated detrimentally by an employer. If you believe you are in immediate danger, you have the right to refuse to go to work until the area is made safe for you to be in.
Your Employer Must Listen to Your Concerns About Safety in the Workplace
Employees who work in diverse environments face a variety of different dangers and hazards. If you work in an office, you are less likely to suffer a burn than if you work in a kitchen as a chef. However, there are accidents that can happen in all working environments which includes slips, trips and falls with around 4 in 10 accidents at work injuries being due to this type of incident. Should you believe that your work area is unsafe, an employer or person in charge must listen to your concerns and put in place measures to make things right.
If you sustain any sort of injury because your employer failed to keep you safe from harm, you must inform them of the accident and tell them about the extent of the injuries you sustained as soon as possible. Should you not be able to do so, a work colleague or other person must do this on your behalf and your employer must make a record of the incident ensuring that a report is sent to RIDDOR should this be necessary.
Make Sure You Keep to the Chain of Command When Reporting an Accident at Work
Following an accident at work in which you suffer any sort of injury, it is important to follow the procedure that is set in place by an employer. If you have any concerns about the safety in a workplace it is important that you respect the chain of command to avoid any issues with an employer or person in charge who may object to not having been informed. It is important that an employer be given an opportunity to make things right but if they do not, you have every right to discuss the problem with a Health and Safety or trade union representative.
If you informed an employer or person in charge about your concerns over safety in the workplace and nothing was done to put things right which resulted in you being injured, you should contact an accident at work lawyer who would provide essential information on how best to proceed should you wish to claim compensation from your employer. The solicitor would also ensure you receive the correct level of accident at work compensation to suit your injuries.
An Employer Must Not Put Pressure on You Following an Accident at Work
If you are worried about filing an accident at work claim against your employer for the injuries you sustained or the work-related medical condition you developed, it is important to know that an employer can not put any pressure on you not to do so. You have a legal right to claim compensation providing you can prove your workplace injuries were sustained through no fault of your own but through employer negligence, and that the incident occurred in the last 3 years.
Should your employer threaten you with redundancy or that you would lose your job if you file a compensation claim against them, they would be breaking the law. They must not put any pressure on you which could entitle you to take further action out against them by filing a detriment claim against them.
An Employer Cannot Treat You Detrimentally
Your employer cannot treat you unfairly should you choose to file an accident at work claim against them. You cannot be treated any less favourably than other work colleagues. Should you feel that you are being treated unfairly, the best thing to do is contact a solicitor who specialises in accident at work claims and employment law because you may find that your employer has breached your employment rights by treating you less favourably than your colleagues.
To find out more about detriment claims, it is best to seek legal advice from a solicitor who would offer essential advice on how best to proceed should you want to take further legal action out against your employer.
Seeking Legal Advice From a Solicitor Who Specialises in Accident at Work Claims
A solicitor with experience in employment law and accident at work claims would typically listen to the circumstances surrounding the incident that left you injured by offering an initial consultation which is free of charge. Once a decision is made that you have a strong case against a negligent employer, you would be asked to provide as much evidence relating to your case as you can.
The solicitor would agree to take on your claim once you sign a Conditional Fee Agreement which is the basis for representing you on a No Win No Fee basis. As such, you would not have to pay the solicitor any money upfront for them to start working on your case and they would contact your employer’s insurance providers on your behalf notifying them of your intent in filing an accident at work claim.
The percentage you agree to pay a solicitor on a successful accident at work claim is known as a “success fee”. Should your accident at work claim not be successful, you would not have to pay the success fee because of the Conditional Fee Agreement you signed. It is also worth noting that the percentage payable is deducted by a No Win No Fee solicitor from the amount you are awarded.
Employers have a duty to provide you with a safe environment to work in and this includes making sure there is adequate lighting. Poor or inadequate lighting in the workplace puts you at greater risk of being involved in an accident that leaves you injured. Some of the most commonly reported incidents that result in employees being injured due to inadequate lighting are slips, trips and falls which can result in you suffering minor to very serious injuries.
If you were injured in the workplace due to inadequate lighting, whether your injuries are slight or a lot more severe, you could be entitled to claim compensation providing the incident occurred in the last 3 years and you can prove employer negligence. To find out more about injuries due to inadequate lighting at work, please read on.
Your Employer’s Duty of Care Towards You
Employers who do not provide a safe environment for you to work in, could be in breach of their duty to keep you safe from harm while in their employment. Should you be asked to work in a space that has poor and inadequate lighting and you suffer an injury, your employer could be deemed liable. However, it is worth noting that should your employer rent space in an office building, the management company or landlord of the building could be held responsible for an accident that occurs in a communal area that is inadequately lit. This includes in hallways, stairwells and entrances to an office building.
What is My Employer’s Legal Responsibility Towards Workers?
Employers in the UK have a duty to keep you safe in the workplace and they must carry out regular risk assessments to reduce the risk of injury to both employees and visitors to a place of work. Should your employer ignore the Health and Safety Executive regulations pertaining to lighting in the workplace and you suffer an injury, you should seek legal advice from an accident at work lawyer sooner rather than later.
Common Accidents at Work Due to Inadequate Lighting
As previously mentioned, slips, trips and falls are some of the most commonly reported accidents that occur due to non-existent, poor or inadequate lighting at work. Not being able to see can lead to employees bumping into objects, tripping over badly placed items or falling down stairs.
If you were injured in the workplace due to the area being inadequately lit, you could be entitled to make a claim and to be awarded a level of compensation to suit the injuries you sustained through no fault of your own providing the incident occurred in the last 3 years.
What Can I Include in an Inadequate Lighting Injury Claim?
As with all work-related and personal injury claims, a court would take into consideration several factors when determining how much you could receive in a successful claim for an injury sustained due to inadequate lighting in the workplace. A court would break down the amount you would be awarded into two categories as detailed below:
- General damages – cover the extent of your injuries and how they impact your ability to work and your future life
- Special damages – cover all the expenses you incur as a direct result of being injured in an accident at work due to inadequate lighting. This includes all your medical and travel expenses as well as care costs and any other therapies and ongoing treatments you may require
You must keep all receipts of the expenses and other out-of-pocket costs you had to cope with following an accident at work. This should also include the extra money you may have to pay out on increased heating bills because you were at home during the time it took you to recover from your injuries.
Should I Sue My Employer For an Accident Due to Inadequate Lighting?
You may suffer injuries that prevent you from working for a long period of time. Your injuries may be so severe that you are unable to carry out your normal job again. As such, you could be put under a lot of pressure both financially and psychologically. Filing for the compensation you deserve is perfectly normal given these circumstances as it would relieve any anxieties you may have about paying future monthly bills and other living expenses.
It is worth noting that your employer is legally required to have valid liability insurance in place for such eventualities and that it is the insurers who would handle and deal with your accident at work claim. It is your employer’s insurers who would settle your claim whether your case is heard before a judge or it is decided that your employer’s insurers should offer you an out of court settlement which is best negotiated on your behalf by an accident at work lawyer.
What are My Workers Rights Following an Inadequate Lighting Accident at Work?
All employees have rights when they are involved in an accident at work that leaves them injured. Should you have suffered an injury due to inadequate lighting at work, your rights include the following:
- To seek compensation for the pain, suffering and out of pocket expenses you incurred
- For your job to be safe even when you decide to sue your employer for compensation
Should your employer make your working life awkward because you seek compensation for the injuries you sustained, you should discuss your case with a lawyer who specialises in employment law. A solicitor would provide essential advice on how best to proceed in not only filing an accident at work claim, but a detriment claim too because an employer does not have the right to treat you unfairly should you claim compensation from them. You should never resign from your job without seeking legal advice beforehand.
Are There Any Benefits to Working With a Solicitor on an Inadequate Lighting Claim?
An accident at work lawyer would offer invaluable legal advice on how to go about filing for compensation against a negligent employer. Personal injury claims that are work-related can be complicated. As such, it is essential to get things started correctly when contacting an employers insurance company. All too often, claims are disputed which means that you would need as much evidence as possible to prove your case. A solicitor would advise you on what your employer’s insurers would require right from the outset of filing for compensation which can help speed up the process.
Another benefit of having a solicitor work with you on an accident at work claim, is that they have access to all the legal libraries which cover past work-related injuries sustained by employees due to inadequate lighting. This too can help when it comes to calculating an amount of compensation you may receive because past cases and the circumstances on how an injury was sustained could be taken into consideration. This is something that only a solicitor would have access to.
The injuries you sustained due to inadequate lighting at work may be such that you require ongoing specialist medical treatment and working with a solicitor would mean you would have access to the best treatment that is provided in the private sector. This includes specialist physiotherapy and other therapies that you may require. By contacting a solicitor who specialises in accident at work claims, you would be able to discuss your medical needs and the solicitor would be able to arrange for you to have the specialist treatment required during your recovery.
Is There a Time Limit to Filing an Inadequate Lighting Claim?
If you are thinking about filing an inadequate lighting at work claim against your employer, the accident at work time limits are detailed below:
- You have 3 years from the time you were injured to file for compensation
- Should you have developed a work-related medical condition, the 3 year time limit begins from the date you were diagnosed
- Should you have been injured when you were under the age of 18, the 3 year time limit starts from your 18th birthday
Although 3 years seems like a long time to file an accident at work claim against an employer, more complex cases can last several years. By waiting for too long, you could miss out on the compensation that an employer owes you due to their negligence, even if you have all the evidence needed to prove your case. As such, it is far better to seek legal advice sooner rather than later, following an accident in the workplace that left you injured.
Can I Lose My Job For Filing an Inadequate Lighting Claim Against My Employer?
You cannot lose your job just because you choose to file an inadequate lighting claim against your employer. If your employer does show you the door, it is best to seek legal advice from an employment law solicitor who would offer essential legal advice on whether you could also make an unfair dismissal claim against your employer.
Would a Solicitor Work on a No Win No Fee Basis on My Inadequate Lighting Accident at Work Claim?
Should you have suffered injuries due to inadequate lighting at work, whether minor or more severe, it is best to seek legal advice sooner rather than later to avoid missing out on the compensation you may be entitled to. Most solicitors offer a free, no obligation consultation which allows them the chance to assess your case and to determine whether an employer or other third party could be held responsible for the accident at work that left you injured.
You would need to provide the solicitor with as much evidence as you can for them to satisfy themselves that your claim stands a good chance of succeeding and you would sign a Conditional Fee Agreement (CFA). This allows an accident at work lawyer to begin work on your claim without asking for any upfront money or retainers. The agreement provides details all the Terms and Conditions that a solicitor would adhere to when working with you on a No Win No Fee basis.
The contract also explains the amount of money payable to the solicitor on a successful inadequate lighting at work claim. If, your claim is not upheld or agreed to by your employer’s insurers, you would have nothing to pay for the legal services the solicitor provided. Another advantage to working with a No Win No Fee solicitor, is that the money you pay on a successful inadequate lighting claim is deducted from the compensation that you are awarded.
If you are involved in an accident at work and as a consequence suffer some kind of injury, whether minor or catastrophic, it can complicate your life in many ways. Not only would you need to take time off work to recover from your injuries, but it can also mean that you are put under a lot of mental and financial pressure too. Knowing what to do following a workplace accident is essential which includes what needs to be done immediately and what needs to be done a little further down the line. To find out more on what you should do when you are injured in an accident at work, please read on.
Get First-aid From Designated Work Colleague
All responsible employers have specific procedures in place which employees are instructed to follow should they be involved in an accident at work. This includes who they should turn to for first-aid when necessary. A well organised workplace would have a designated person or people who are in charge of first-aid. The designated person would be trained to administer first-aid to injured employees as an initial treatment following an accident in the workplace.
Some minor injuries can be treated with first-aid, but it is still important for the incident to be recorded in the accident report book. If there is no accident book, a record of the incident and your injuries, however minor, should be written down and sent to your employer, bearing in mind that you should keep a copy of the record for your personal files. This record is important should you find that you need further medical treatment for an injury you first thought was only minor.
Seek Medical Attention
Should you believe your injuries are only slight, you should still seek medical attention from either a doctor or by going to the Accident and Emergency department of a local hospital. If you suffered some kind of head injury, medical attention must be sought as soon as possible and you should be taken to hospital by ambulance with medics in attendance. It is also important to have a work colleague accompany you to hospital.
Being examined by a doctor or other medical professional ensures that the extent of your injuries are correctly diagnosed at the outset. All too often, what is thought to be a minor injury sustained in an accident at work, can turn into a more serious health issue further down the line.
Having an official medical report of your injuries would be needed should you decide that your employer was negligent in their duty to keep you safe and this resulted in you being injured in an accident in the workplace. With this said, the first and most important thing, is to focus on your injuries, anything else can wait until you regain your strength which includes thinking about filing an accident at work claim against your employer.
Make Sure Your Injuries and Accident at Work are Reported
Reporting an accident at work that leaves you injured is essential, bearing in mind that some workplace accidents are reportable to RIDDOR. If you are unable to file a report of the incident yourself because your injuries are so serious they prevent you from doing so, you should ensure that a work colleague can report the incident on your behalf, detailing the extent of your injuries too.
Having an official report of the incident and your injuries would be required should you decide to file a claim against your employer because they were in breach of their duty to keep you safe from injury and harm in the workplace. This record proves the accident occurred at work which makes it much harder for an unscrupulous employer or their insurers to dispute your accident at work claim.
An unscrupulous employer may apply a lot of pressure on your work colleagues so they deny the accident that left you injured occurred. A written report of the incident provides the evidence needed to prove your case. Another important point about filing an official accident at work report, is that it alerts other workers to the hazard and could go a long way in preventing them from suffering similar injuries.
Make Sure The Accident and Your Injuries are Reported to the Person in Charge
It is also essential that the accident and your injuries be reported to the person in charge as soon as possible following an incident. A responsible employer would have specific reporting accident at work protocols in place which all employees must follow. Should you have sustained severe injuries, your employer has a legal obligation to report the incident to the Health and Safety Executive, bearing in mind that this would depend on the circumstances surrounding the accident and the amount of time you would need to take off work.
It is worth noting that by not following a company’s procedure or staff manual when it comes to accidents at work, could mean that you are in breach of your contract. With this said, all accidents at work and “near-misses” should be officially reported to the person in charge and all procedures must be adhered to.
Proving liability for an accident at work from the outset makes filing a claim much less of a challenge. Should you believe you are to blame for your injuries or the person in charge places the blame on you, it does not necessarily mean that an employer could not be deemed responsible. A solicitor who specialises in accident at work claims would ascertain whether your employer was negligent in their duty to keep you safe from harm and injury while at work which could strengthen your claim considerably.
Ensure Someone Makes a Record of the Accident and Your Injuries in the Accident Report Book
All businesses and companies should have an accident report book which must be easily accessible by all employees. With this said, very small businesses are not obliged to keep an accident report book, but this does not mean a record of an incident should not be officially noted. An unscrupulous employer may not want to keep an accident report book because they place their focus more on performance targets than safety in the workplace. Whether you intend on filing an accident at work claim against an employer or not, you should always insist that an incident that leaves you injured whether your injuries are slight or more severe, is recorded.
You can either choose to send details of the accident at work that left you injured to your employer via a letter which you should send “recorded delivery” or by emailing the details to them from your personal email account. This way, an unscrupulous employer would not be able to delete the record of the incident.
It is worth noting that should your employer flatly refuse to make a record of your accident at work, you may have grounds to resign from your job and then to file a constructive dismissal claim against them. With this said, it is always best to seek legal advice before taking such a drastic step as resigning. A solicitor who specialises in employment law would be able to offer essential advice before making such a major decision.
Find Out if The Incident and Your Injuries are Reportable to RIDDOR
Employers are legally obliged to report certain accidents and injuries to the relevant authority which is known as RIDDOR. Should an employer be in breach of this duty, they could be liable to a hefty fine which can be up to £20,000. With this said, it is always worth checking if the injury you sustained in an accident at work is a “reportable” incident which you can do on the Health and Safety website before making sure your employer has reported it as they are legally obliged to do.
Make Sure You Have Photos of the Accident and Your Injuries
Having evidence and proof that the accident that left you injured at work, is essential should you choose to file for compensation against your employer. An unscrupulous employer may choose to dispute your claim and if you do not have enough evidence to prove your case, it could make it a lot more challenging for a solicitor to defend your claim.
You should take photos of where the accident at work occurred which you can do using your phone. If there is CCTV in the workplace, ask if you can have a copy of the video. Having photos and videos of where the incident occurred and the circumstances surrounding the incident, helps strengthen your case and it also means an unscrupulous employer cannot carry out repairs or put in place safety measures that should have been there before you were injured in an accident at work.
It is worth noting, that you could never have enough proof and evidence when it comes to accident at work claims. As such, the more photos you have of your injuries, where the incident occurred, the stronger your accident at work claim would be.
Make Sure You Get Witness Statements From Work Colleagues
Getting as many witness statements as you can from the people you work with is also essential. The reason being that your injuries may prevent you from being at work for a period of time. It is during the time you are off work that an employer may set in place measures to improve employee safety which would be perfectly acceptable and normal. However, an employer might also use this as an opportunity to cover up what was essentially a hazardous environment for you to work in.
It is also worth asking whether a work colleague would be willing to record any changes an employer makes to the working environment and whether they would keep you updated of new measures that are set in place while you are off work recovering from your injuries.
Should an unscrupulous employer decide to investigate an accident at work while you are recovering from your injuries, a co-worker who is willing to be a key witness to the incident, could make sure the correct details of both the accident and your injuries are properly recorded, all of which would support and strengthen your accident at work claim.
Get a Medical Report and Keep a Diary of Your Symptoms
Many solicitors who specialise in accident at work claims, recommend that you make a record of all your symptoms from the time you are injured and throughout your recovery. The reason being that a doctor or nurse, may not record the details of all the symptoms you are experiencing because they place their main focus on the most severe injuries you sustained.
All too often, what is initially thought of as a minor injury can quickly turn into a much more serious health issue at a later date. This can even result in a debilitating, long-term condition that could be deemed more significant when filing an accident at work claim against an employer. As such, having an official medical record of minor injuries is crucial because further down the line, a specialist may find it challenging when it comes to proving that a health issue you are suffering from was caused by the accident at work that left you injured earlier in time.
It is also worth noting that some workplace injury claims can take years to settle which is especially true if your injuries happen to be complex and you need long-term medical care and treatment. This is when keeping a diary of your injuries/symptoms and having initial medical records that detail even the minor symptoms you were experiencing, can make filing a successful claim against an employer a lot less challenging.
Attend Follow-up Hospital or Doctor Appointments
It is also good practice to attend follow-up appointments either with your doctor or at a local hospital so that your injuries can be regularly assessed throughout your recovery. Even if you think you are recovering well, having several official medical reports can help strengthen your claim. The reason being that should you have only been examined by a medical professional when you were first injured, it may mean that an expert might believe that it only took a few months for you to recover from the injuries you sustained in a workplace accident. More serious injuries would require that you are seen by a doctor or other medical professional more frequently during your recovery and this can have a bearing on how your injuries are perceived by a medical professional who is assessing your claim.
It is worth noting that it is a medical expert who would establish the extent of the injuries you sustained and by providing several medical reports would help determine how serious your injuries were. It is also note-worthy that all NHS costs incurred would be paid for by an employer’s insurers on a successful accident at work claim.
Should You File a Grievance Against Your Employer?
You have every right to file a grievance against an employer should you be involved in an accident at work that leaves you injured. Should your employer object to you doing this, you should seek legal advice from a solicitor who specialises in accident at work claims. The reason being that you may be entitled to file a whistleblowing employment claim against your employer too, more especially if you followed the correct protocols when writing your grievance letter no matter what the outcome of an accident at work investigation happened to be.
It is also worth noting that should an employer fail in their duty to investigate your grievance, you may be entitled to file a constructive dismissal claim against them which a solicitor who specialises in employment law would be able to advise you on before you take any action which includes resigning from your job.
Make Sure You Record All Your Out-of-Pocket Expenses
When filing an accident at work claim against your employer, it is important to keep a record of all the expenses you incur as a direct result of having been injured in the workplace. This includes keeping all of the following receipts which would be needed as evidence of the out or pocket expenses you had to pay out:
- Travel receipts to and from hospital or another medical facility which you had to attend for necessary treatments. This includes whether you get there and back by car, train, taxi, bus or other mode of transport
- Medical expenses which includes prescriptions, specialist medical care and all other costs incurred for any treatments you require
- The cost of medical aids which includes neck braces, leg supports and anything else that you need to help you through your recovery
- All the pay which includes perks and bonuses you missed out on while recovering from your injuries
- Record all of your future loss of earnings should you not be able to go back to work because your injuries prevent you from doing so
Keep a Record of All Your Losses
You can also include any losses you incurred as a result of your injuries which includes not being able to go on a holiday that was pre-booked. Other losses could include the following:
- Care costs should you need assistance in the home
- The extra cost of heating bills due to staying at home during your recovery
The more proof you can provide of the losses you incurred as a direct result of having been involved in an accident at work that prevented you from attending your job, the more you could be compensated in a successful claim.
Does Your Employer Hold Information That Could Assist a Future Claim?
A solicitor who specialises in accident at work claims would recommend that you find out whether your employer has any information relating to the incident that left you injured and unable to work. This type of information may be invaluable should you wish to file a future claim against your employer. The sort of information your employer should provide would include the following:
- All correspondence relating to your accident at work and your injuries. This should include emails and your health files as well as any information that is in your personnel file
The Information Commissioner’s office website provides a lot of valuable information on Subject Access Requests which typically cost £10 and which you would receive in about 40 days or so, bearing in mind that once you receive the General Data Protection Regulation (GDPR), the £10 fee is no longer applicable.
It is important to note that you must submit a Subject Access Request before you file an accident at work claim against your employer. The reason being that should you begin a claim before making the request, your employer could object stating they were not given the opportunity to comply with any request you made of them beforehand.
Your employer could argue instead that they are therefore only obliged to disclose a certain amount of information which they can do because when it comes to personal injury claims, there are a lot more restrictions than other provisions as laid out in the Data Protection Act of 1998.
Seek Legal Advice From An Accident at Work Solicitor
These days, the majority of solicitors work with clients who suffer injuries in accidents at work on a No Win No Fee basis. By contacting a lawyer you would be offered a free, initial, no obligation consultation and it is during this first meeting that the solicitor would determine whether you have a strong claim against a negligent employer. Once this has been established and providing there is still enough time left on the 3 year deadline, a solicitor would take on your case on a No Win No Fee basis. As such, you would not have to worry about finding the money to pay the solicitor a retainer or upfront fee because of the Conditional Fee Agreement you entered into.
The agreement provides all the relevant details pertaining to the “success fee” that would only be payable on a successful accident at work claim and the Terms and Conditions of the contract. A great benefit to working with a No Win No Fee lawyer is that the “success fee” is taken from the amount of compensation you are awarded. In short, you would not have to find the funds to pay this either. Should your accident at work claim not be successful, you would not have to pay for the legal services a No Win No Fee solicitor provided.