What Happens if An Employer Does Not Report an Accident in the Workplace?

It is a legal requirement to record accidents at work whether in an Accident Book or by some other official means. There are specific workplace incidents and “near misses” as well as work-related diseases that by law must be reported to RIDDOR. If you work for an employer who does not have an Accident Book, you should send either a personal email or a letter sent recorded delivery to your employer that provides an in-depth report of the accident and the injuries you suffered while at work, remembering to retain a copy for your own records.

Employee Injury At Work Advice

To find out more about reporting accidents at work, your employer’s responsibility to ensure this has been done and what happens if an employer does not report an accident in the workplace, please read on.

What Are Reportable Accidents and Incidents at Work?

As previously mentioned, there are specific workplace accidents, near misses and work-related health issues that employees may develop due to the work they do that by law must be reported to RIDDOR, the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013. Should your employer fail in their duty send a report to the authority, they run the risk of receiving hefty fines. Reportable incidents, accidents and dangerous occurrences in the workplace are detailed below:

  • Accidents at work that result in fatalities
  • Accidents in which employees and other staff suffer serious injuries and as a consequence have to take more than seven days off work in row
  • Industrial diseases
  • Near-misses deemed dangerous (dangerous occurrences)
  • Members of the public injured in a work environment

An employer or the person in charge of a work environment is legally obliged to report any of the above incidents to RIDDOR as soon as it is feasibly possible followed by an official report of the incident being sent to the authority within ten days of the report having been sent.

With this said, any injuries that are referred to as “over-seven-days”, the report has to be sent to the authority within fifteen days of an incident happening. It is also worth noting that “over-3-day” injuries must be officially recorded either in an Accident Book or by some other means but do not need to be reported to RIDDOR. If an employer has an Accident Book, it means they are adhering to the Social Security (Claim and Payments) Regulations Act.

Over-3-day injuries refer to those that incapacitate a employee or other worker for more than three days in a row. In short, they are unable to do their “normal” duties in the workplace which does not include days off or weekends which also applies to “over-7-day” injuries.

Would an Employer Get Fined For Not Recording or Reporting Accidents at Work?

Should your employer fail to report an incident that must, by law be reported to RIDDOR, they would receive hefty fines through a magistrates court which can be anything up to £20,000 or they could receive an unlimited fine through the Crown Court. As an employee who was injured in an accident at work, you have the right to ask an employer whether the incident was reported to the relevant authority or not.

Would My Accident at Work Claim be Valid If Not Reported?

If you do not have a report of the accident at work that left you injured, it may be harder for you to claim compensation. However, if you have an official medical report of the injuries you sustained in the workplace, this will certainly help strengthen your case. An experienced personal injury lawyer would be able to build a case against your employer using the report. With this said, the more evidence you have the stronger a claim would be. The sort of proof you would need to provide would include the following:

  • Photos of your injuries which should ideally be taken before you receive any medical treatment
  • Photos of where the workplace accident occurred – if there is CCTV footage, your employer must provide this when you request that they do
  • Statements from fellow workers and other people who witnessed the workplace accident
  • Contact details of all witnesses
  • Records of previous accidents and incidents in the workplace

What if My Employer Ignores Health and Safety at Work Regulations?

An employer is legally obliged to ensure that a work environment is safe and that they have set in place “all reasonable” measures to reduce the risk of harm coming to employees, other workers and anyone who visits the business. Should you or any other person, or fellow worker sustain injuries in a workplace accident because your employer ignored the law, they would be deemed negligent and could receive fines on top of the accident at work compensation the injured party would receive in a successful personal injury claim lodged against them.

Employers should also designate first-aid officers in a workplace and they must ensure that the correct first-aid supplies are available so that should you sustain an injury in an accident at work, the person who is designated as a first-aid officer would be able to provide any initial treatment that you may required.

What Should I Do If I Am Injured in an Accident at Work?

Even if you are not thinking about seeking compensation from an employer by filing an accident at work claim, there are certain steps that must be taken if you are injured which are listed below:

  • Make sure the workplace accident is reported either to the person in charge or your employer directly
  • Make sure you follow the correct procedure as set out by an employer if you are injured at work
  • If you cannot report the incident yourself because your injuries prevent you from doing so, you have the right to ask a trusted fellow worker to report it on your behalf. You also have the right to check that all the details have been correctly recorded when you are able to
  • Make sure you get as much evidence as you can which includes photos of your injuries, where and when the accident at work occurred, witness statements and their contact details

Although you may not wish to claim compensation at first, you could find that a little further down the line what you thought were minor injuries were in fact, a lot more serious. As such, having gathered as much proof that you sustained your injuries while carrying out your work, the stronger your claim against an employer would be even if you have waited a week or two before filing an accident at work claim against them.

Is There Anything I Should Not Do If I Am Injured in an Accident at Work?

If you are injured in the workplace, there are specific things that you must not do and this includes if you think you may be partly liable for the injuries you suffered. The reason being that you should discuss your case with an accident at work solicitor first because they may be able to prove “contributory” negligence on the part of your employer. This would entitle you to seek compensation from them although the amount you may be awarded would take into account the level of responsibility you are deemed to have had.

Employee Injury At Work Advice

Other things that you must avoid doing if you are involved in an accident at work and suffered injuries includes the following:

  • Do not sign anything – even if your employer hints that you may lose your job or be made redundant if you don’t. It is worth noting that if an employer insists that you sign a document admitting liability for the workplace injuries you sustained, a judge could well disregard the document because it could be deemed that you were forced to sign it and therefore it would not be seen as an admission of liability

Could My Boss Sack Me if I Insist That They Report an Accident at Work?

An employer must have a very good reason other than the fact that you are injured in an accident at work and you insisted that the incident be officially recorded whether in the Accident Book, by some other means or to RIDDOR. Should your boss try to intimidate you, threaten you or even hint that you stand a good chance of being fired, you must seek legal advice from a solicitor because your employer would be in breach of the law. This could entitle you to seek further compensation from them.

The fact that an employer hesitates, refuses or just does not want to report a workplace accident to RIDDOR, could leave them open to a hefty fine. Should your case go before the Crown Court, as previously mentioned, the fine your boss would receive could be “unlimited”. On top of this, the fact that an employer receives fine would add tremendous strength to your case against your boss.

What is the Time Limit To Reporting an Incident to RIDDOR?

Accidents that leave employees suffering from severe injuries, work-related diseases, near-misses and fatalities must be reported to RIDDOR immediately or as soon after the incident occurrence as possible. This can be done through the RIDDOR website. However, this initial report must be followed up with a written report of the incident within ten days following the initial report that was sent to the authority.

What is the Time Limit To Filing an Accident at Work Claim?

Accident at work claims for compensation must be filed within 3 years of an incident occurring. With this said, the 3 years can begin at different times which is explained below:

  • Three years from when you were injured while carrying out your job at work
  • Three years from when you turn 18 should the workplace accident have happened before this date
  • Three years from when you are diagnosed as suffering from a health condition linked to the injuries you sustained in the accident at work

If you wait for too long, you may find that your claim against an employer could end up being “time barred”. In short, this means that even if you have plenty of evidence proving employer negligence, you would not be able to file an accident at work claim against them. However, should your employer have been fined by either a magistrate or in the Crown Court for not having reportable injury to RIDDOR, a lawyer may be able to provide crucial legal advice on whether you could still seek compensation from your employer.

Can I File an Accident at Work Claim If There is No Record of the Incident?

Although it would be not such a straightforward case, you can still file an accident at work claim if there is no record of the incident. You should always seek medical attention when injured while carrying out a job whether you believe your injuries are slight or more severe. Having a medical report of the workplace injuries you sustained would add weight to your case. Other evidence you would need to provide to prove an accident at work that has not be reported, would include the following:

  • Witness statements
  • Witness contact details
  • Photos of the injury you suffered
  • Photos of where the incident occurred
  • CCTV footage of the accident if available
  • Records of previous workplace accidents

If the accident at work that left you injured was “reportable” to RIDDOR, you should ask your employer or the person in charge if this has been done. If not, your employer would be liable to receive a hefty fine from the enforcing authority which could be up to £20,000 if the case goes before a magistrate. However, should the case be heard in a Crown Court, the fine would be unlimited.

Would a Personal Injury Lawyer Work on My Case on No Win No Fee Basis?

Once a personal injury lawyer has assessed your claim and they believe you have a very good chance of winning whether your case goes to court or your employer’s insurers decide that an out of court settlement would be the best route to take, the solicitor would work on your claim having signed a Conditional Fee Agreement (No Win No Fee agreement). This takes all the stress of finding the money to pay the solicitor and the only time that you would have to pay, is when you win your case. On top of this, the amount that would be due to the solicitor would be taken out of the accident at work compensation you are awarded. Should your case not win, you would have no legal fees to pay for the legal advice and representation you received from a personal injury lawyer.

Employee Injury At Work Advice

Informative Links

If you were injured in the workplace and would like more information relating the law on employees keeping an Accident Book, the following link provides more in-depth information on the topic:

More about keeping an Accident Book in the workplace

If you sustained a serious injury in the workplace and would like to know if a report needed to be sent to RIDDOR, the link provided below lists all the incidents and injuries that must by law be reported to the authority:

Incidents and injuries that must be reported to RIDDOR

Injured at Work, What Benefits Can I Claim?

If you are injured at work, you can check to see what benefits you may be entitled to claim. First, however, you should go through your contract of employment to see whether your employer pays “contractual sick pay” if you are injured in an accident at work and as a consequence need time off to recover from the injuries you sustained.

Employee Injury At Work Advice

To find out more about getting paid and receiving benefits you may be entitled to receive if you are unable to work, please read on.

Check Your Employment Contract if Injured at Work?

If you are injured at work and want to know if you would be paid even you are off recovering from the injuries you sustained, one of the first things you should do is check the terms of your contract of employment to see if any of the following applies to you:

  • Whether you would receive “contractual sick pay”
  • Whether you would have access to medical care or if there is a support helpline for injured employees

Should you not have a contract of employment or there is no mention of sick pay in the terms of your employment, you can ask the person in charge or your employer if you are or are not entitled to contractual sick pay. You could also check whether it is written into a staff handbook or intranet.

If you are classed as an “employee” or as an “agency worker”, you could be entitled to receive Statutory Sick Pay – SSP – but this would only be for up to 28 weeks and the amount you would get would be £94.25 a week.

How To Check if You Are Entitled to Sick Pay When Injured at Work

Providing you are not self-employed and you work, you would be entitled to receive Statutory Sick Pay – SSP as long as the following applies to you:

  • You are working for an employer at the time
  • You are off sick for four full days or more in a row which includes non-working days
  • Your average earning are a minimum of £118 a week (gross – before tax)
  • You are not classed in one of the “ineligible categories
  • You abide by your employer’s guidelines for receiving sick pay

It is worth noting that if you are injured at work and you work part-time or you work on a fixed-term contract, you could still be entitled to receive Statutory Sick Pay.

Should you be classed as a casual or agency worker carrying out a job on an assignment when you are injured at work, you may be entitled to receive SSP right up until the end of the assignment. Should you have already agreed to work on another assignment, you may be entitled to receive Statutory Sick Pay until the end of that assignment if you are injured during the second assignment you have undertaken for an employer.

If you are on a “zero hours contract”, you may still receive sick pay and should ask your employer to pay it. Should they refuse, you have the right to ask them why and if you are not happy with the answer you are given, you should seek advice from a personal injury lawyer.

Your employer must provide you with a written explanation if they say you do not qualify and they should provide the information a form known as “Statutory Sick Pay and an Employee’s Claim for Benefit – SSP1″. An employer should provide the form within seven days which begins from the time you are off sick. You would need this form in order to claim any benefits you may be entitled to receive if you are injured at work and need time off to recover. Your employer is obliged to give back the doctor’s notes that you provided too.

Should your employer refuse to provide you with the form SSP1, you should do the following:

  • Ask your employer for a written statement explaining the reasons why you would not receive SSP. You have the right to give your employer a copy of the SSP1 form for them to fill in.
  • You should contact HMRC if your employer does not give you the form SSP1 or a written statement. HMRC would then request that you employer provides a reason why they deem that you would not be entitled to receive Statutory Sick Pay

When you contact HMRC, you would need to provide the following information:

  • Name, address and your national insurance number
  • The name of your employer together with their contact details
  • Your payroll number
  • The details of what your employer said when you requested an SSP1 form and sick pay and when you were off work

Should you not be working when injured, you would not be entitled to receive Statutory Sick Pay – SSP.

Why Would I Not Be Entitled to Receive Statutory Sick Pay?

You would not qualify to receive Statutory Sick Pay if the following applies to you:

  • You are self-employed
  • You have already received Statutory Sick Pay for 28 weeks which ended with the last eight weeks
  • You have received Employment and Support Allowance – ESA – in the last twelve weeks
  • You are receiving Maternity Allowance or statutory maternity pay
  • You are pregnant and your child is due in four weeks or less with your illness being pregnancy-related
  • You gave birth in the last fourteen weeks – or in the last eighteen weeks should your bay have been born four weeks prematurely
  • You are part of the armed forces
  • You are in custody which includes being in prison or detained by the Police
  • You are an agricultural worker

What If I Am Not Entitled to Statutory Sick Pay When Injured at Work?

If you do not qualify for Statutory Sick Pay, you may be entitled to receive Universal Credit or some other type of benefit should you not be able to work having been injured in an accident while carrying out your job.

What Other Benefits Could I Receive When Injured at Work?

If you are injured at work and need time off to recover from your injuries, as previously mentioned you may be able to claim Universal Credit. You can also check on the Citizen’s Advice website to see if there any other benefits you may be entitled to receive. This could be Personal Independence Payment (PIP) which you could qualify for should you require long-term assistance in doing everyday chores or to get around.

Employee Injury At Work Advice

What If I Already Receive Benefits, Can I Still Claim if Injured at Work?

You would still be entitled to receive tax credits when you are off work and you are receiving sick pay. You may find that some of your existing benefits may increase whereas your normal salary would be less than when you are working. You should inform the department of your situation so they can tell you whether you may be entitled to other benefits while you are recovering from your workplace injuries.

Can I Claim a Tax Refund if Injured at Work and Need Time to Recover?

If you are injured at work and need time off to recover, you may be entitled to receive a tax refund. Even when you are off work, you would still have to pay National Insurance and tax which in short, means you may be able to get some of the money refunded.

What Happens When My Sick Pay Ends When Injured at Work?

You may be entitled to receive Employment and Support Allowance (ESA) if you as a result of being injured at work leads to you suffering from a long-term medical condition. You would be entitled to begin a claim for ESA, three months prior to your sick pay ending. It is worth noting that an application can take some time to process which in short, means the sooner you send in an application, the sooner you would receive a reply.

Consider Claiming Accident at Work Compensation From Your Employer?

If you are injured at work and the incident occurred through no fault of your own but rather through the error on the part of a work colleague or through employer negligence, you may be entitled to seek compensation by filing an accident at work claim against your employer. Your boss is liable for the actions of all people who under their control in the workplace so if a fellow worker causes an accident in the workplace in which you got injured, you could still seek compensation for the pain and distress you suffered.

What Time Limit Do I Have to Make an Accident at Work Claim?

It would depend on several things as to when the statutory 3 year time limit linked to personal injury claims which are as follows:

  • 3 years from when you were injured at work
  • 3 years from when you are diagnosed as suffering from some sort of medical condition that a specialist has linked to the workplace injury you sustained
  • 3 years from your 18th birthday if you were injured at work before this date

What Damages and Losses Can I Include in an Accident at Work Claim?

Personal injury compensation is divided into two parts which are general damages for the pain and suffering as well as any loss of amenity you endured that can be linked to the injuries you sustained in the workplace and special damages which are awarded to compensate you for all your out-of-pocket expenses. This would include travel and medical costs you had to pay as a direct result of the workplace injuries you suffered and any other expenses that can be linked to your injuries.

Who Pays Accident at Work Compensation?

Employers must by law hold liability insurance with a minimum cover of £5 million. The insurance provider must be a recognised company and employer should displace the certificate in a prominent place so that all employees and other workers can clearly see it. The amount of accident at work compensation you receive would be paid out by your employer’s insurer who would handle the case from start to finish whether they decide to settle out of court or should your case be disputed, before a judge in court.

It is worth noting that the majority of personal injury cases are settled prior to going to court because should a judge rule that you should be compensated, your employer’s insurers would not only have to pay their own court costs but yours too.

Are There Any Benefits to Working With a Solicitor on a Claim?

There are many benefits to working with a personal injury solicitor when you are injured at work and would like to seek compensation for the distress, pain and loss of income you had to endure even though you were not at fault. A solicitor who specialises in accident at work claims would provide a free, initial consultation so they can assess your case and to seek whether they can prove employer negligence. You would be under no obligation to proceed with an accident at work claim against an employer should you wish not to.

If the solicitor you contact feels that your employer could be held liable for the workplace injuries you suffered and you have strong evidence to prove your claim, they would typically work on your case without requesting that you pay them to do so. This would involve signing a Conditional Fee Agreement and once you enter into the contract, the solicitor would begin their investigations. Other benefits and advantages of being legally represented when filing an accident at work claim includes the following:

  • Personal injury lawyers can access “legal libraries” which they reference when researching precedents and to determine how much accident at work compensation you may receive
  • They have the legal expertise required when communicating with insurance companies and their lawyers
  • Solicitors understand the pre-action protocols that have to be followed and are respectful of the statutory 3 year time limit associated with personal injury claims. In short, you would not run the risk of your claim being “time barred” if you contact a lawyer sooner rather than later
  • A solicitor would let you know how much accident at work compensation you may receive at the earliest opportunity
  • They would arrange for you to be examined by a private medical expert and the report they provide would be used to calculate the level of general damages you could be entitled to receive
  • Should your employer deny liability for the workplace injuries you suffered, the solicitor working on your behalf would investigate their claim thoroughly, bearing mind that if often only takes a first official solicitors letter for an employer and their liability insurance providers to accept responsibility for a workplace accident
  • Should you require long-term, ongoing treatment and/or therapy, a personal injury lawyer would ensure that the cost is included in the accident at work compensation you receive

Would a Personal Injury Lawyer Represent Me on a No Win No Fee Basis?

As previously mentioned, if a personal injury solicitor feels that you have enough evidence to prove employer negligence, they would represent you on a No Win No Fee basis. As such, you would not have to pay for the legal services they provide. The only time you would pay is when you receive your accident at work compensation and the agreed percentage would be taken directly from the money you receive rather than you having to pay the solicitor out of your own pocket.

Should your lose your accident at work claim against your employer, there would be no fees to pay the solicitor because these would be waived due to you having signed a No Win No Fee agreement with them.

Employee Injury At Work Advice

Informative Links

If you were injured at work and would like more information regarding your eligibility to receive Statutory Sick Pay, the following link takes you to the Government website that sets out the criteria necessary and provides essential reading on the SSP1 form:

SSP eligibility and the SSP1 form

To read more about the law regarding employer’s liability insurance, please follow the link provided below:

Employer’s liability insurance – the law

The link provided below takes you to the Health and Safety Executive website that provides in-depth information on reportable incidents:

Reportable injuries in the workplace

I Hurt Myself at Work, Can I Claim Compensation From An Employer?

Being involved in a workplace accident can mark you both psychologically and physically, it can leave you unable to work during your recovery. However, if you hurt yourself at work and your injuries are severe, you may not be able to work for months and sometimes ever again. Providing your case meets specific criteria, you can claim compensation from an employer if you suffer an injury in the workplace because you have the right to file a personal injury claim for the distress and discomfort you endured through no fault of your own.

Employee Injury At Work Advice

To find out more about claiming compensation from an employer if you hurt yourself at work, please read on.

Do I Have Rights If I Hurt Myself at Work?

You have rights in the workplace and this includes if you are hurt while carrying a job that an employer asks you to do. Your rights are the same whether you are a permanent employee, temporary worker, an agency worker or you work for an employer under their control as a contractor.

Many employees ask the question “if I hurt myself at work, can I claim compensation?” and the answer is that providing your case meets the necessary criteria, you have the right to do the following:

  • Seek medical attention. Your employer cannot stop you from seeking treatment if you hurt yourself at work and if they do, they would be in breach of the law. As such you should seek legal advice from a solicitor who handles employment law cases so they can advise you on how best to proceed
  • Ensure that an official report has been sent to your employer or that the incident was correctly recorded in an Accident Book, should there be one in the workplace. You have the right to check the information has been correctly recorded if someone else wrote the accident report for you
  • Confirm that you qualify for sick pay whether an employer pays “extra” sick pay which would be written into your contract of employment
  • Receive Statutory Sick Pay – SSP as long as you meet the necessary criteria to qualify. You can check to see whether an employer has registered you by contacting your local benefits office
  • Attend scheduled medical appointments – an employer must respect the fact that you may need to attend check-ups and other therapies. Your boss cannot stop you from doing so
  • Take enough time off to fully recover from the injuries you sustained when you were hurt at work – an employer cannot pressure you to return to work if you are not fully recovered. If your boss does insist that you do, you should seek legal advice because your employer would be acting unlawfully. You should only return to work when a doctor signs a “fit note” stating that it is safe for you do so
  • Seek lighter duties when you return to work which an employer must respect if they are able to. Employers are legally obliged to accommodate you where feasibly possible when you return to your job having suffered an injury in an accident at work
  • Seek compensation by filing an accident at work claim against an employer providing you can show that the incident was not caused by you but through employer negligence or the error of a fellow worker. You may be partly responsible for the injuries you sustained but your employer could be deemed partly liable too which is known as “contributory negligence”. As such, you would still have the right to seek compensation from your employer bearing in mind that the amount you receive would take into account the level of responsibility you had in the workplace injuries you suffered

Would My Accident at Work Claim be Valid if I Hurt Myself at Work?

A lot of workers who are injured in the workplace ask, “I hurt myself at work can I sue?” and the answer is that providing you can prove that you are not at fault, you have the right to sue an employer and be awarded the compensation you deserve. The criteria that has to be met includes the following:

  • That the accident at work in which you were injured was caused by someone else whether it was through the negligence of an employer or because a colleague make a mistake
  • That you were partly responsible for the incident, but your claim involves “contributory negligence” on the part of your employer
  • That the incident happened in the last 3 years although the time limit that is associated with personal injury claims can begin at different times depending on the circumstances that surround the accident that left you injured

The more proof you have regarding the incident in which you were injured, the stronger an accident at work claim against an employer would be. It is also worth noting that the more evidence you have of employer negligence, the more chance there would be that a personal injury lawyer would represent you on a No Win No Fee basis.

If I Hurt Myself at Work, What Responsibilities Does My Employer Have Towards Me?

Your employer is obliged to keep you safe in the workplace which is a legal requirement in the UK. If an employer fails to set in place safety measures as per the Health and Safety at Work Act 1974 and as a consequence you hurt yourself at work, they would be in breach of their “duty” and as such, you could be entitled to file a personal injury claim with an end goal being to be compensated for the injuries you suffered.

Employers could be deemed liable if you hurt yourself at work if the following applies to your case:

  • An employer did not provide you with adequate training
  • You did not receive the correct training to use specific equipment, machinery or tools
  • You did not receive an induction when introduced to a work environment which could include hazard avoidance as well as accidents in the workplace protocols
  • You did not have access to industry-standard protective equipment when carrying out a job
  • Machinery, equipment and tools were not kept in good working order
  • You were not told where the Accident Book was kept or you were not told how accidents in the workplace should be reported
  • Staffing levels were inadequate and there was a lack of first aid officers present
  • An employer did not act on reports that were made relating to any potential hazards present in a work environment

Do I Have the Right to Claim Compensation When I Hurt Myself at Work?

As long as your accident at work claim meets all the requirements associated with this type of case, you have the right to seek compensation from your employer for all the discomfort and distress you had to go through. The money you would receive in compensation would help you practically and financially because you would be reimbursed not only for all the out-of-pocket expenses you paid out but for your injuries too.

The amount of compensation you receive would help towards the following:

  • Therapies and ongoing treatment you may need having been injured in the workplace which could help you recover that much faster
  • Care costs should the injuries you sustained be such that you require help around the home
  • Home and vehicle adaptations

Does My Employer Pay the Compensation if I Hurt Myself in the Workplace?

When you are awarded compensation for injuries sustained in the workplace, it is your employer’s liability insurance provider who pays the amount you receive whether your case goes to court or the insurer offers to settle a case before it goes before a judge. Your employer must, by law, hold valid insurance to cover both accidents at work that leave employees as well as other workers injured and work-related medical conditions that staff may develop as a result of the jobs they do.

The liability insurance cover is compulsory in the UK and it must meet the legal threshold of £5 million. Should an employer fail to have the insurance cover in place, they run the risk of receiving hefty fines which would be levied against them by enforcing authorities.

How Would a Personal Injury Solicitor Prove Employer Negligence if I Hurt Myself at Work?

Accident at work claims can be complex and you need to have sufficient evidence to support a case for your claim to be upheld. The stronger the evidence is, the more chance you have of winning personal injury compensation. Gathering the required proof can take a lot of effort and organising which comes at a time when you need to focus on recovering from the workplace injuries you sustained. Seeking legal advice from the outset can make the process a lot easier to do and understand.

Employee Injury At Work Advice

The sort of evidence you would need to gather to prove your claim would be as follows:

  • Proof that the accident was recorded whether in an Accident Book or by some other official means
  • Photos of where the incident occurred
  • If available, CCTV footage of the accident that left you with injuries
  • Photos of the workplace injuries you sustained
  • Medical report detailing your injuries – you may need to provide several medical reports if your injuries are severe which should include a prognosis
  • Witness statements
  • Witness contact details

You may believe that you are partly responsible for the workplace accident that left you injured but you should seek legal advice from a personal injury lawyer because they may find that your employer too could be held partly liable which is referred to in law as “contributory negligence”. Should this prove to be the case, you would be able to seek compensation from an employer bearing in mind that the level of accident at work compensation you receive would factor in your level of responsibility. An example being that should you be deemed to have had 25% liability, the amount you receive would reflect this and as such you would get 75% of the amount awarded.

What Evidence Do I Need to Provide If I Hurt Myself at Work and Want Compensation?

The more proof you can provide that you hurt yourself in an accident at work through no fault of your own (or you were partly responsible), the stronger your case against an employer would be. The sort of evidence that would add weight to your claim would include the following:

  • That there is a record of the accident that left you injured
  • A medical report of the injuries you suffered
  • As many witness statements as you can provide with their contact details
  • Photos of the injuries you suffered
  • Photos or CCTV footage (if available) of the workplace accident

What Procedure Should I Follow if I Hurt Myself at Work?

Once you have sought medical attention for your injuries, you should always follow the accident at work procedure that is set out by your employer. If you have suffered severe injuries which meant you had to be immediately hospitalised, you should make sure that the incident was correctly recorded whether in an Accident Book or by some other official means as soon as you are able to.

You should also check that an incident has been reported to RIDDOR should the accident and your injuries have been “reportable”. Should you find that your accident at work and the injuries you sustained have not been correctly recorded, you have the right to correct the information before signing anything.

What Are the Chances of My Claim Being Successful if I Hurt Myself at Work?

If you can provide enough evidence to prove your claim of employer negligence, a personal injury lawyer would be able to advise you on whether you stand a good chance of winning your case. The solicitor you contact would also be able to inform you on how much accident at work compensation you could be awarded which they would do as soon as possible having referred to previous similar cases and the Judicial College Guidelines.

What Level of Accident at Work Compensation Could I Receive if I Hurt Myself at Work?

If your accident at work claim against your employer succeeds, the amount you receive would depend on several things which are as follows:

  • The level of your injuries and how they impact your life and ability to work in the future
  • The loss of earnings and future earnings you incurred
  • Your out of pocket expenses – which must be directly linked to the injuries you suffered in the workplace. This includes all future medical care you may require whether it is physiotherapy or rehabilitation therapies

Solicitors and courts use the Judicial Guidelines when calculating the level of “general damages” you could receive. However, on top of this you would be awarded “special damages” to reimburse you for all the expenses you had to cope with having been injured in a workplace accident for which you were not at fault (or partly responsible).

Are There Any Benefits to Having a Lawyer Represent me If I Hurt Myself at Work?

Lawyers who specialise in accident at work claims on behalf of injured workers, have the necessary legal expertise to investigate cases in a timely manner. They are aware of all the legal pitfalls associated with personal injury claims which includes the strict 3 year time limit that must be respected to avoid a claim being “time barred”. In short, if you wait too long, you may no longer be able to proceed with an accident at work claim even if you can prove employer negligence.

You may ask what happens if I hurt myself at work and a solicitor would walk you through the process of filing for compensation. Another question that injured employees often ask is “if I hurt myself at work, can I sue?”. A personal injury solicitor would investigate your case to establish whether employer negligence can be proved. Even if your injuries were caused by the actions of a fellow worker, your employer could still be held responsible.

There are many other benefits that a lawyer would bring to the table which would include but is not limited to the following:

  • An appointment with an independent medical expert would be organised for you so that they can provide a detailed medical report on the extent of your injuries. This report would be an essential part of the evidence needed when filing an accident at work claim against an employer
  • When researching your case, a personal injury lawyer has the required legal expertise to determine whether an employer was negligent in their duty towards you. They would also reference legal libraries when investigating your claim and to establish how much accident at work compensation you could be entitled to receive
  • All pre-action protocols would be respected as would the strict statutory 3 year deadline
  • A personal injury solicitor would handle every aspect of your case which includes all communications between your employer and their liability insurance provider
  • You would be provided with essential legal advice on whether to accept an initial settlement from an insurer or whether by doing so, you would unsettle your claim
  • The solicitor would ensure that should you require long-term medical care, the cost of the treatments would be factored into the accident at work compensation you are awarded

Should I Accept an Initial Settlement if I Hurt Myself at Work?

Many liability insurance providers try to settle accident at work claims as quickly by offering early settlements. These are typically much less that you may be entitled to receive having hurt yourself at work. As such, you should always discuss the amount with your solicitor who would typically recommend that you hold out for more to get the accident at work compensation which you rightly deserve.

Even if you think the settlement that you are being offered is generous, a personal injury solicitor would enter into negotiations to ensure that the amount offered suits the level of injuries and out of pocket expenses you had to cope with. Another thing to bear in mind is that should you accept the initial offer, it would mean that it would disqualify you from seeking further compensation later on should you develop a medical condition that can be linked to the injuries you suffered in the workplace.

Working With an Accident at Work Lawyer if You Hurt Yourself at Work

Accident at work claims are complex legal procedures more especially if an employer denies liability. There are many legal pitfalls to avoid which could end up invalidating a claim from the outset if you are unaware of them. A personal injury lawyer with vast experience in handling personal injury claims can make the process a lot easier to follow and can help speed up the process.

Gathering all the evidence required to prove employer negligence and obtaining specialist medical reports takes time and effort. It is crucial that the statutory time limit be respected which in short means, the sooner a claim can be set in motion, the sooner a case would be settled without the risk of running out of time. Discussing an accident at work claim with a personal injury solicitor from the outset will ensure that should your claim for accident at work compensation prove valid, the sooner a settlement can be reached whether through the courts or by negotiating directly with an employer’s liability insurance provider.

Employee Injury At Work Advice

Informative Links

To read more about contributory negligence if you think you were partly responsible for the injuries you sustained in an accident at work, please follow the link below:

More information about contributory negligence

If you were injured in an accident at work and would like to know more about Statutory Sick Pay (SSP) eligibility, the following link will take you the Government website where you will find more information on the topic:

Statutory Sick Pay (SSP) eligibility

Specific accidents and near misses are reportable by law to the RIDDOR, to find what which incidents have to be reported to the authority by your employer or the person in charge, please follow the link provided below:

Reportable incidents to RIDDOR

Can I Claim Compensation for Disability Discrimination in the Workplace? – A Guide To Disability Discrimination At Work Claims Calculate Amounts

If you believe you have been discriminated against in the workplace because of your disability, you should seek legal advice from a lawyer who specialises in disability discrimination claims because your employer or other person would be acting unlawfully if it can be proved to be the case. To find out more about how to establish whether you were treated unfairly and whether you have a valid disability discrimination claim as well as who could be held liable, please read on.

Employee Injury At Work Advice

The Definition of Disability Discrimination in the Workplace?

If you are put at a disadvantage for any reason that is directly related to your disability or you are treated less well in any way that is covered by the Equality Act, you would be entitled to file a disability discrimination claim to seek compensation.

The disability discrimination that you experience while at work may be a one-off event or any of the following:

  • An application of a policy or rule
  • The existence of communication or physical barriers which makes it harder or impossible for you to access something

It is worth noting that disability discrimination is unlawful even if the action or actions are unintentional.

The Law Relating to Disability Discrimination

Under the Equality Act 2010, you cannot be discriminated against in the workplace or elsewhere for any of the following reasons:

  • Because you are disabled
  • Because someone believes you are disabled – in law this is referred to as discrimination by perception
  • Because you are linked to someone else who has a disability – in law this is referred to as discrimination by association

It is also worth noting that treating a disabled person more favourably than another worker or person who is not disabled, is not deemed as being unlawful discrimination.

The Definition of Disability

The definition of a disability as described in the Equality Act 2010 is as follows:

  • A physical condition that negatively impacts an ability to carry out normal daily activities whether long-term or which has a substantial impact on a person’s life
  • A mental condition that negatively impacts an ability to carry out normal daily activities whether long-term or which has a substantial impact on a person’s life

The Equality Act protects you from being discriminated against if you suffer from any of the following conditions:

  • You suffer from a progressive medical condition such as HIV
  • You are suffering from cancer
  • You suffer from multiple sclerosis

You are protected from being discriminated against if you suffer from any of the above even if you are able to carry out normal daily activities. You are also protected from the moment you are diagnosed as suffering from a progressive health condition.

It is worth noting that the Act protects you from being discriminated against should you have been disabled in the past. An example being if you suffered from a mental health condition and did so for over 12 months but are now fully recovered.

Are There Different Types of Disability Discrimination?

Under the Equality Act 2010, the six main categories of disability discrimination are as follows:

  • Direct discrimination
  • Indirect discrimination
  • A failure to set in place reasonable adjustments
  • Discrimination that arises from disability
  • Harassment
  • Victimisation

Direct Discrimination

  • Direct discrimination is when you are treated worse than another work colleague or person because of your disability – an example being should you apply for a position and have the best qualifications for the job but are turned down because you told a potential employer that you suffer from multiple sclerosis. The potential employer would have assumed that you would need a lot of time off work because of your health condition

Indirect Discrimination

  • Indirect discrimination is when a company/organisation/employer has a specific policy and/or working procedure in place that is more favourable to employees who are not disabled than to people with a disability. Unless an employer can show “good reason” for having a policy in place and that it is proportionate, it would be deemed unlawful and therefore indirect disability discrimination would apply.
  • An example being if a job is advertised as being offered to applicants who hold a driving licence which would put some people with disabilities at a disadvantage because they may not have a driving licence due to suffering from epilepsy. However, if the advert happens to be for the position of “bus driver”, the job requirement would be deemed justified. Should the position be for a “school teacher”, the need for a driving licence would be much harder to justify

A failure to set in place reasonable adjustments

  • The Equality Act stipulates that all organisations, companies and employers have a duty to ensure that people with disabilities have access to jobs, education and other services in the same way as people who are not disabled. This is referred to in law as a “duty to make reasonable adjustments”.
  • If you are disabled you can be subjected to disability discrimination in the workplace should an employer, company or organisation not apply reasonable adjustments which is referred to in law as a “failure to make reasonable adjustments. An example being if your disability involves a mobility impairment and you need a parking space that is close to your office. Your employer, however, chooses to give this type of parking space to senior managers and refuses to offer you a designated parking space.
  • With this said, what is considered “reasonable” would depend on a several factors which includes what resources are available that would allow an employer, company or organisation to make an adjustment. Should there be several parking spaces available, it would be deemed “reasonable” for an employer to give you space that is close to the business entrance

Discrimination that arises from disability

  • You are also protected under the Equality Act 2010 from what is referred to as discrimination that arises from your disability. Should your disability mean you need an assistance dog or you need time off for medical treatment, you would be protected under the law from being discriminated against. However, this would not apply unless the person was aware of your disability or they should have been aware.
  • An example being if a privately run nursery refuses to give a place to a little boy due to the fact that he is not toilet trained even though his parents made the nursery aware that their son suffered from Hirschsprung’s Disease beforehand. This would be referred to in law as discrimination that arises from the young boy’s disability. Another example would be if you suffer from cancer and you are not offered a bonus because you took time off work to undergo necessary treatment
  • It would be deemed unlawful unless an employer, organisation, company could show “good reason” for this type of treatment and that it is “proportionate” which is referred to in law as objective justification.
  • An example being should your eyesight have deteriorated and  you are unable to carry out the same level of work as a colleague who is not disabled. Your employer seeks to fire you having ruled out the possibility of alternative work being offered to you. Your employer must show that they have good reason and that their decision was proportionate

Harassment

  • Harassment is when you are treated badly by a work colleague or other person because of your disability which results in you feeling degraded, humiliated or offended. An example being if as a disabled woman, you are called names or you are regularly sworn at by work colleagues
  • The law clearly states that harassment in the workplace is never “justified”. With this said, should an employer, company or organisation show that they did every thing they could to prevent this type of behaviour from occurring, a claim would not be upheld. However, it is worth noting that you would still be able to file a claim against the person who harassed you in the workplace

Victimisation

  • Victimisation in the workplace is when as a person with a disability files a complaint about being discriminated against, treated unfairly or badly in the workplace. The same applies if you are someone who supports a disabled person who lodged the complaint. An example being if as an employee who files a complaint about disability discrimination, your employer threatens you with the sack if you do not withdraw your complaint against them
  • Another example being if your employer threatens another member with the sack because they supported your disability discrimination claim against them

With this said, it is lawful for you to be treated more favourably than an employee who is not disabled should you be disabled.

It may also be lawful to treat another disabled person more favourably than another employee with a disability. An example being should a specific disability be deemed essential for the job you do which is referred to an “occupational requirement”. If you work for an organisation that supports deaf people, you may be required to provide counselling to people who use British Sign Language and as such be a deaf BSL user yourself.

Employee Injury At Work Advice

How Does the Equality Act Protect You?

The Equality Act also protects you from the following:

  • Being asked specific health questions that are intended to “screen out” applicants with disabilities. An employer can not ask you health related questions prior to offering you a job. There are exceptions which includes when the information is a job requirement or a necessary part of the application process. An example being if you have to fill out an application form which asks you to reveal whether you take any medication. An employer must provide proof that there is “good reason” for asking the question and if they cannot, the question must not be asked

Should I File a Disability Discrimination Claim Against My Employer?

Before filing a disability discrimination claim against your employer, you should attempt to solve the problem with them first. This can be done in an informal manner by lodging an informal complaint whether in writing or in a meeting. Should this prove ineffective, there are other routes you can take having first collected the following:

  • As much evidence as you can as quickly as possible and to keep all messages that you sent to an employer relating to the problem of being subjected to disability discrimination in the workplace
  • Write down details of the instances where you felt you were being discriminated against because of your disability

The routes you can take if you feel you have been subjected to disability discrimination at work are as follows:

  • Raise a grievance against your employer – this is a formal complaint
  • Try to negotiate an agreement with your employer which is known as “settling”
  • Try mediation by contacting an independent professional mediator who would try to help you reach an agreement with your employer which could avoid going to court
  • If mediation does not work, you should file legal action against your employment through an employment tribunal – bearing in mind that you must have attempted all of the above for your case to be heard by an employment tribunal
  • Seek the help of a solicitor who specialises in disability discrimination claims against employers

Should your employer make your working life difficult and you feel you have to resign from your job because of their unfair behaviour towards you, it is worth noting that you could be entitled to claim constructive dismissal. As such, you should discuss things with a lawyer who would tell you on how best to proceed.

It is also worth noting that if you choose to take legal action out against your employer for disability discrimination and they treat you unfairly, your employer would be acting unlawfully. In law, their actions would be considered as being “victimisation”. The Equality Act protects you from being victimised and as such your employer’s actions could be added to your claim.

What is the Time Limit to Filing a Disability Discrimination Claim Against an Employer?

Before taking legal action against an employer you would need to contact Acas and enter into a procedure known as “early conciliation” which must be done within the strict 3 month less 1 day time limit. The time limit starts from when you were discriminated against in the workplace. An example being as follows:

  • If you were discriminated against in the workplace because of a disability and the event occurred on the 14th of July, you must file your formal complaint by the 13th October

Should the deadline fall at a weekend or a bank holiday, the best course of action is to start your legal action on the last working day before the strict deadline ends.

The date of the discrimination could be determined as follows:

  • When your employer made a decision to not promote you or turned down your request for flexible hours
  • When a work colleague or other person discriminated against you in the workplace because of your disability

Should you have requested “reasonable adjustments” be made, it can make it more challenging to determine when the event occurred, but you can find out more about time limits for reasonable adjustments by following the link at the bottom of the page.

What to do If an Employer Asks You to Resign Because You Filed a Disability Discrimination Claim

If your employer asks you to resign because you seek compensation and have filed a disability discrimination claim against them, you should seek legal advice at the earliest opportunity. The reason being there is a very strict time limit associated with all discrimination and unfair dismissal claims which is 3 months less 1 day from the time an incident occurred. You must also follow the correct procedure which involves making either an informal or formal complaint about disability discrimination at work to your employer.

You should keep note of all your expenses and loss of earnings. You should also keep all receipts for expenses you incurred through looking for another job. This includes all your travel costs to interviews.

How to Make an Informal or Formal Complaint About Disability Discrimination in the Workplace

If you feel that you have been discriminated against in the workplace because of a disability, the best course of action is to lodge an informal complaint to your employer first before taking any further action. You can either approach your employer directly or if here is an HR department, you can file an informal complaint with them. If discussing your concerns with your employer makes you feel uncomfortable, you can choose to lodge a formal complaint to them in writing which is referred to as “raising a grievance.

It is worth noting that there may be a deadline to abide by when raising a grievance which should be written into your employment contract or handbook. Alternatively, you could ask your employer for the information. Other things you can request that your employer does includes the following:

  • To offer you an apology
  • To ensure that the disability discrimination stops
  • To compensate you for the harm and damage you sustained because you were discriminated against at work because of your disability
  • To raise awareness and to change any policies that may be in place
  • To review a decision whether they sacked you or refused a request for reasonable adjustments to be made in the workplace
  • To offer you a reference should you have quit your job due to the disability discrimination you experienced in the workplace

Should you be worried about the deadline associated with filing an informal or formal complaint with your employer, you have the option to begin a tribunal process while waiting for a response to your grievance.

How to Attempt a Settlement to Disability Discrimination in the Workplace

Before taking your disability discrimination claim to a tribunal, you should always try to negotiate with your employer first and it is important to note that you can continue negotiating with an employer with an end goal being to come to a compromise even if you file a claim against them.

How to Attempt Mediation Before Filing a Disability Claim Against an Employer

A mediator is an independent fully trained professional who remain neutral when attempting to reach a compromise with your employer. It is worth noting that an employer must agree to mediation and that they may need to pay the costs of having a mediator attempt to resolve the issue thus avoiding any legal action.

Taking Your Disability Discrimination Claim to a Tribunal

Tribunals are less formal than court hearings, but you can only file your case in a tribunal after you have tried to resolve the problem in other ways and you must have gone through the Acas process of early conciliation. You must be able to provide as much evidence as you can that you attempted to solve the problem without success. Another thing to bear in mind, is that a tribunal may not come to a decision for anything up to 6 months and that your hearing may last a few days or it can go on for weeks.

It is also worth noting that you can only be awarded specific things when you take your claim to a tribunal. These are as follows:

  • Rule that an employer pays compensation to you
  • Recommend that your employer gives you a reference or change a policy that is in place – bearing in mind that an employer cannot be forced to do either by a tribunal
  • Recommend that an employer state they discriminate against an employee and to explain to them how the law had been broken

If you have to take your disability discrimination claim to an employment tribunal, it is best to seek the advice of an experienced personal injury solicitor because if you don’t have a strong enough case, your claim may not be upheld which in short, means that you may not receive the disability discrimination compensation you sought.

Employee Injury At Work Advice

Informative Links

If you would like to know more information on the process of mediation, please follow the link below:

More about the mediation process in a disability discrimination at work claim

If you would like to know more about “reasonable adjustments”, please click on the link below:

More about reasonable adjustments for the disabled in the workplace

I Broke My Shin Bone in an Accident at Work, Can I Claim? – Compensation Amounts And Payouts For Broken Shin Bone

Employee Injury At Work Advice

If you suffered a broken shin bone in an accident at work, you may be able to seek compensation for the injuries you sustained and the losses you incurred as a direct result of the injuries you sustained. This type of leg injury is not only extremely painful, but it can put you out of action for a considerable amount of time. In short, you may be put under financial pressure during your recovery if you broke your shin bone in a workplace accident.

To find out whether your broken shin at work claim would be valid and whether you would be able to receive compensation from an employer who could be deemed liable for the injuries you sustained, please read on.

The Definition of a Broken Shin Bone

Your shin is the largest bone found between the knee and ankle in the lower portion of your leg. The medical term for a shin bone is “tibia”. If you suffer a broken or fractured shin bone, it can lead to all sorts of complications if not treated straight away and correctly. There are different types of injuries to a shin bone which includes the following:

  • Hairline fracture
  • Displaced fracture
  • Spiral fracture
  • Compression fracture
  • Multiple fractures

As previously mentioned, any sort of fracture to a shinbone could put you out of action for months and if there are any complications, you may be left with a permanent disability which means you may not be able to work and bring in your normal wage again. Filing an accident at work claim against a negligent employer would ensure that you are not put under any sort of future financial pressure.

The Most Common Workplace Accidents Resulting in a Broken Shin Bone

You can suffer a broken shin bone in the workplace in several ways, but the most common accidents at work that result in this type of serious leg injury include the following:

  • Slips, trips and falls onto hard surfaces
  • Falling awkwardly on a slippery surface
  • Falls from heights when working at higher levels
  • A heavy item falls from a height because it is stacked incorrectly
  • Being crushed by a moving object/vehicle, an example being a forklift truck in the loading bay

If you sustained a broken shin bone at work and think your employer was responsible for the incident because of their negligence, you should contact a personal injury lawyer who would establish whether your claim is valid. Once this is determined, the solicitor would begin working on your case and would typically do so without requesting that you pay them a retainer or any ongoing fees as your case progresses either.

Would My Broken Shin Bone Claim Against an Employer Be Valid?

Providing you have enough evidence to prove that the accident at work that left you with a broken shin bone could have been avoided and that your employer could be held liable, your claim would be valid. Other criteria that must be met when filing a personal injury claim against a third party includes the following:

  • That the workplace accident occurred in the last three years
  • That you were acting responsibly when the incident happened
  • That a fellow worker could be held responsible because of an error or misjudgement on their part, in which case your employer could be deemed liable because they are responsible for the actions and behaviour of all employees in the workplace

It is worth noting that even if you believe that you could be partly liable for the broken shin bone injury you sustained, your employer could also be deemed partly responsible which in legal terms is referred to as “contributory negligence”. As such, you should discuss your case with a personal injury lawyer who would determine what level of responsibility would fall to you and what level would fall to your employer. The amount of broken shin compensation you would be awarded would reflect your level of responsibility for the injuries you suffered in the workplace.

What Level of Broken Shin Compensation Could I Receive?

The level of broken shin compensation you may be awarded in a successful claim would reflect the seriousness of your injuries and how they negatively impact your overall health and future ability to work. General damages are awarded to compensate you for the pain, distress and loss of amenity your broken shin bone caused you. The Judicial Guidelines set out how much you may be awarded in general damages for injuries you sustained in the workplace.

Employee Injury At Work Advice

However, on top of the general damages you may be awarded, you would also receive what is referred to as “special damages” which compensate you for all expenses and costs you paid out as a result of having suffered a broken shin bone in an accident at work. Special damages are awarded in a successful broken shin bone claim for the following:

  • Your medical expenses which includes treatments, therapies, prescriptions, medical aids and any other items that you require to aid your broken shin bone recovery
  • Your travel expenses which includes getting to and coming back from treatments/therapies whether at a hospital or other medical facility
  • Care costs should you require help around the home during your recovery
  • Home adaptations should your injury be such that your house needs to be modified to accommodate you
  • All other costs related to the injuries you sustained

Because special damages are based on “actual expenditure”, it is essential that you hold onto all of your receipts which would be required as proof when calculating the amount of broken shin at work compensation you may be awarded.

Examples of the amount you may receive in a successful claim are as follows:

  • For a simple fracture to your shin, you may be awarded anything from £2,200 to £8,000
  • Where surgery is necessary to insert a steel rod to repair damage done to a shin bone which could lead to an inability to walk, you may be awarded anything from £8,000 to £24,500
  • For severe multiple fractures to a shin bone which results in continuous discomfort and disability, you may receive anything from £24,500 to £74,000

The above figures are provided as a guideline only bearing in mind that all personal injury claims are unique which in short means, you may be awarded less or more than the amounts indicated above.

What Evidence is Needed to Prove My Broken Shin Bone Claim Against an Employer?

The evidence that you would need to provide when filing a broken shin claim against your employer would include the following:

  • An official record of the accident at work that left you with a broken shin bone. This could be the record that was reported in the workplace Accident Report Book, or a personal email detailing the incident that was sent to your employer, or in a letter that you sent to your employer
  • An official medical report detailing the extent of the injuries you suffered. The report could be one provided by the doctor who treated you in the Accident Emergency department of your local hospital or your own GP. You can request a copy of the medical report which you would need when filing a broken shin bone claim against your employer
  • Photographs of your injuries which ideally should be taken before you receive any treatment
  • CCTV footage if available. You can request a copy of the CCTV footage from your employer which they must provide
  • Witness statements and their contact details

The more evidence you can provide, the stronger your broken shin bone claim against an employer would be. If you contact a personal injury lawyer, they would provide invaluable information relating to the kind of proof you need to strengthen a claim which includes investigating whether any health and safety regulations were ignored which as a consequence led to the workplace incident that left you with a broken shin bone.

What Are An Employer’s Legal Responsibilities in the Workplace?

Your employer must abide by all the health and safety regulations and other laws that protect you in the workplace. Should an employer fail in their duty to keep you safe from harm and injury when you are carrying out jobs they task you to do or they fail to ensure that a work environment is safe and as a consequence, you suffer a broken shin bone in a workplace accident, your employer could be held liable and as such, you would be entitled to seek compensation for the pain, distress and loss of amenity you had to endure.

Your employer must ensure the following to keep you safe from harm and injury while you are in their employment:

  • That you were made aware of all working practices and procedures
  • That you were made aware of any risks and hazards in a work environment
  • That you were provided with adequate training to carry out a job safely and that ongoing training is organised on a regular basis
  • That the machinery, tools and equipment that you use in a work environment is maintained in good working order
  • That personal protective equipment (PPE) is available when needed and that it is kept in good condition and correctly stored
  • That work environment risk assessments are regularly carried out to identity risks and hazards

When employers fail to make a work environment safe, it puts employees and other staff as well as visitors at greater risk of being involved in an accident at work that results in injury and as such, they could be deemed negligent in the legal duty to keep everyone safe while in their employment.

What are My Rights If I Suffer a Broken Shin Bone at Work?

All employees have rights which are protected in the UK and this includes when they are involved in an accident at work that leaves them injured. Should you sustain a broken shin bone in a workplace accident, you have the right to do the following:

  • File a personal injury claim against a negligent employer
  • Seek compensation for the injuries you suffered through no fault of your own

Should an employer attempt, threaten or imply that you may lose your job if you file an accident at work claim against them, they would be breaking the law and as such, you should seek legal advice from a solicitor who boasts expertise in employment law. You could be entitled to seek further compensation from an employer if they threaten you with redundancy/the sack, or they treat you unfairly/detrimentally by taking out more legal action against them.

Could I Lose My Job if I File a Broken Shin Claim Against My Employer?

Your employer would be acting unlawfully if they try to sack you because you choose to seek compensation by filing a broken shin bone claim against them. One of your “rights” is to seek compensation for injuries sustained in the workplace providing your case meets the specific criteria attached to personal injury claims against third parties.

An employer must have another good and valid reason for firing you and if they do not, you should seek legal advice from a solicitor who specialises in employment law. You could be entitled to seek more compensation by filing an unfair dismissal or a detriment claim against your employer if they choose to treat you unfairly because you seek compensation for injuries you sustained while carrying out your job for them.

Should I Sue My Employer If I Suffer a Broken Shin Bone in an Accident at Work?

All employers in the UK are legally bound to hold liability insurance. This insurance covers an employee or other person if they suffer any sort of injury or develop a health issue as a result of the work they are tasked to do by employers. The insurance provider must be a recognised company and the policy must meet the legal requirement which is £5 million.

When you suffer a workplace injury that leaves you unable to work and bring in a normal wage, it can put you and your loved ones under a tremendous amount of financial pressure. Seeking compensation for workplace injuries is one of your rights and it is your employer’s insurance provider that deals with all aspects of your claim. Rhis includes paying out the broken shin bone compensation you would be awarded in a successful claim against your employer.

The majority of personal injury claims are settled before a case goes to court more especially if the claim is not disputed. Should your employer deny responsibility for the injuries you sustained while in their employment, a personal injury lawyer would investigate whether this is the case. Most of the time it is an employer’s insurance provider who recommends that a claim be disputed and it usually only takes an official solicitor’s letter to encourage employers to change their minds.

Is There a Time Limit Associated with Broken Shin Bone Claims?

The statutory time limit to filing a personal injury claim is 3 years but the time that it starts can differ according to the circumstances surrounding the workplace accident in which you sustained a broken shin bone. The strict 3 year time limit that you must respect starts as follows:

  • From the date you suffered a broken shin bone in an accident at work
  • From the date you turn 18 years of age, should the workplace incident that left you injured have occurred before this date
  • From the date a medical professional diagnosed you as suffering from a health issue that they directly link to the broken shin bone you suffered in the workplace

What Benefits Would I Get From Working with a Personal Injury Solicitor?

Personal injury claims are often complex more especially if you suffer a severe injury that takes a long time to heal or because the injury leaves you with a disability. A solicitor boasts vast experience when it comes to filing accident at work claims for employees and other workers who suffer injuries while they are at work. The advantages of having a personal injury lawyer represent you includes but is not limited to the following:

  • You would be offered a free, initial, no obligation consultation which allows a personal injury lawyer the chance to assess whether you have a strong case against an employer who could be held responsible for the broken shin bone injury you suffered in the workplace
  • Your injuries would be examined by an independent medical professional and their report would be used as the basis for calculating the amount of broken shin bone compensation you are awarded in successful claim against a negligent employer
  • The lawyer would work on your case on a No Win No Fee basis which means that all financial pressures are taken off the table. Should you lose your claim against an employer, you would not have to pay the solicitor the “success fee” that is written into the No Win No Fee agreement
  • A personal injury lawyer would inform you at the earliest opportunity how much you may expect to receive in the way of broken shin bone compensation
  • Solicitors are able to gain access to legal libraries which they can reference when investigating your broken shin bone at work claim against an employer
  • Solicitors respect the pre-action protocols that must be met when filing personal injury claims against third parties which can help speed up what is very often a longer, complex legal process that insurance companies like to slow down
  • The solicitor working on your behalf would handle all aspects of communications between your employer and their insurers from the outset to ensure that legal pitfalls are avoided
  • Should your case be complex and therefore a final settlement is longer to reach, a personal injury lawyer would work hard to ensure that you are awarded interim payments so that you are not put under financial pressure as your claim against a negligent employer progresses
  • The expertise of a personal injury lawyer working on your behalf when filing an accident at work claim against a negligent employer would ensure that you are awarded an acceptable level of broken shin bone compensation

One of the great advantages of having a personal injury lawyer represent you is that they would make sure that the cost of any ongoing, long-term therapy/treatment you may require would be included in the broken shin bone compensation you are awarded which in turn ensures that you would not have to be put under any financial stress due to your injuries in the future.

Informative Links

If you were involved in a workplace accident and sustained a broken shin bone and would like more information on No Win No Fee agreements with solicitors, please follow the link provided below:

More information on No Win No Fee Agreements with solicitors

If you would like a more in-depth look at an employer’s legal responsibilities towards employees and other staff in the workplace, the following link provides essential reading on the topic:

More information on an employer’s responsibilities in the workplace

Employee Injury At Work Advice