Can I Claim Compensation For an Injury Due to Inadequate or Poor Lighting at Work?

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.

Employee Injury At Work Advice

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.

Employee Injury At Work Advice

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.

Employee Injury At Work Advice

15 Things You Must Do When You Have Had An Accident at Work – 2019 Update

Accident At Work Guide

Accident At Work Guide

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

Report Book

Report Book

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

Medical Report After A Work Accident

Medical Report After A Work Accident

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

Legal Advice From A Lawyer

Legal Advice From A Lawyer

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.

Helpful Links

HSE Reporting accidents and incidents at work

NIDirect – Accidents in the workplace

Citizens Advice Accidents at work – overview

I Was Trapped by Something at Work, Can I Sue My Employer?

There are many ways that you could be injured in an accident at work. One of which is to get trapped by something, whether it is because a shelving or racking system fell on you, or because you were hit by a moving object or vehicle that crushed you.  Statistics show that over 10 workers are fatally injured after being trapped after something at work.

If you were involved in an accident at work that involved something falling on you, it may be possible to file for compensation for the injuries you sustained providing you can meet certain criteria. These are that the incident occurred in the last 3 years and that a third party was responsible. To find out more about claims on injuries sustained because you were trapped by something in an accident at work, please read on.

Employee Injury At Work Advice

What Are The Most Common Trapped By Something Collapsing Accidents at Work?

As previously touched upon, accidents at work involving racking, shelving and pallet systems are responsible for many workers being injured some of which are fatal accidents. However, employees who are tasked on a daily basis to move items around a work area, are also at risk of being trapped by something that collapses on them or because they are trapped by a moving vehicle like a forklift. Some of the most reported accidents where employees are trapped by something in the workplace include the following:

  • When a racking, pallet or shelving system collapses
  • When items from racking, pallet and shelving systems fall onto employees
  • When loading or unloading goods and other items from a racking, pallet or shelving system
  • When loading or unloading goods from vehicles

Because goods and other items that are stacked in a work environment tend to be large and therefore heavy, when any fall you may be trapped and injured. The injuries you sustain can be anything from cuts and bruises to more serious damage which includes broken and crushed bones as well as severe head injuries. Accidents that involved racking and shelving as well as pallet systems, often happen for the following reasons:

  • A poorly constructed racking, shelving or pallet system is being used in the workplace
  • A system is constructed of non-approved materials that are of inferior quality
  • Improper use and handling procedures when moving goods around a work area
  • Stacking items incorrectly or far too high
  • When damaged shelving, racking or pallets are used in the workplace
  • When a stacking system is not suitable for the working environment

Would My Trapped By Something Collapsing Claim Be Valid?

In order for a claim for injuries sustained when trapped by something in an accident at work to be upheld by a court or your employer’s insurers should they offer to settle your claim out of court, you would need to provide as much evidence as possible. Whether you work in an office, shop, supermarket, warehouse or other area, you need to take as many photos of where the accident occurred, of the item or items that collapsed on you or the vehicle that trapped you when you came into contact with it.

If items or good fell on you from a shelving, racking or pallet system, you should take photos of the system to identify any damage or incorrect stacking that was the cause of your accident at work. You would also need to provide proof of the following:

  • The extent of the injuries you sustained. You should have photos of your injuries before you receive any treatment
  • Video evidence of the accident if CCTV footage of the working area is available
  • Witness statements which should include their contact details
  • Medical report of your injuries which should detail all the systems you are experiencing, including those that are minor

Once you have gathered as much information and evidence of the accident at work that resulted in you being trapped by something collapsing, you should discuss your case with a solicitor who has experience in handling this type of work-related personal injury claim.

What To Do If You Were Trapped By Something Collapsing in an Accident at Work

If you are unfortunate enough to be trapped by something collapsing at work, the first thing you must do is seek first-aid from the person who is designated to carry out initial treatments on employees who are hurt while at work. You should then seek medical attention whether you need to be picked up by an ambulance or make your own way to the Accident and Emergency department of a local hospital, bearing in mind that a work colleague should accompany you. You should also ensure you are given the following:

  • An official medical report that provides a detailed record of the injuries you sustained and the symptoms you are experiencing both minor and more severe

It is essential that you focus on your injuries when you are involved in an accident at work. However, there are other things that need to be done when employees are hurt in the workplace which includes the following:

  • Make sure the incident is correctly reported to the person in charge – if you are unable to do this because your injuries prevent you from doing so, make sure a work colleague reports the accident on your behalf
  • Find out if the accident is “reportable” to RIDDOR and if it is, make sure this has been done
  • Make sure your accident was correctly recorded in the accident report book and if there isn’t one, write down all the details of the incident and the extent of your injuries in a letter or personal email and send it to your employer, keeping a copy of the letter or email for your own personal accident at work report file

It is worth noting that you are perfectly entitled to see the record of the accident and your injuries that has been placed in an accident report book which allows you the chance to check that all the details are correct.

What Can I Include in My Claim?

Accident at work claims can be divided into two categories when it comes to calculating the amount of compensation you may receive should your case be upheld by a court, or your employer’s insurers offer you an out of court settlement. These are detailed as follows:

  • General damages
  • Special damages

When it comes to general damages, a court or an employer’s insurers would take into account how the injuries you sustained having been trapped by something collapsing on you affect your well-being,  your ability to work and to carry out activities you enjoyed prior to being involved in an accident at work.

Special damages are easier to calculate because they are based on actual out of pocket expenses you incur as a direct result of being injured at work. You can, therefore, include all your travel expenses to and from treatments, the medical expenses you incurred and any other money you had to spend out due to your injuries. With this said, it is essential that you keep all your receipts which would be needed as proof of expenses in your accident at work claim.

Employee Injury At Work Advice

Should I Sue My Employer if I am Trapped By Something Collapsing in an Accident at Work?

Anyone who suffers any sort of injury in the workplace, is perfectly within their rights to file for compensation for the pain, suffering and out of pocket expenses they incur providing the incident happened through no fault of their own in the last 3 years. This is the statutory time limit associated with accident at work claims. Having been injured could mean you are not able to work, whether this is for a few weeks or much longer. Should you have sustained severe injuries having been trapped by something collapsing on you, it may mean that you would need long-term, ongoing treatment. It may even mean you would not be able to work again.

As such, filing for compensation from a negligent employer would help you financially, taking the worry and stress of how to pay your bills and other living expenses off the table. It is worth noting that all employers in the UK are required by law to have employer’s liability insurance in place which is to cover the type of claim you are filing against them.

As such, once you begin an accident at work claim, it is handled by your employer’s insurers and it is the insurer who pays the compensation you are awarded in a successful claim. It is also note-worthy, that it is the insurer who pays for treatments you receive on the NHS when you case is successful.

What are My Workers Rights Following an Accident at Work?

All employees have certain rights when they are involved in any sort of accident at work that leaves them injured whether the injuries are slight or a lot more severe. As such, your rights following an accident that resulted in you being injured when you were trapped by something collapsing include the following:

  • That your job is kept safe, even if you seek compensation for your injuries
  • That you have every right to seek compensation for the injuries you sustained in the workplace

Are There Any Benefits to Working With a Solicitor on My Accident at Work Claim?

As with the majority of work-related injury claims, getting it right and providing all the relevant information and evidence at the outset, is essential. Personal injury claims can be complex and proving liability can be challenging which is why most people seek professional advice from solicitors who specialise in accident at work claims who have vast experience in employment law.

A solicitor also has access to all the relevant legal libraries which is essential when it comes to finding precedents which could go a long way in ensuring your claim is upheld by a court, bearing in mind that around 95% of personal injury claims are settled before they go before a judge.

Working with an accident at work lawyer, ensures you get things right from the outset and once your case has been assessed, the solicitor would typically offer to represent you on a No Win No Fee basis. This means they can begin work on your claim without having to request that you pay an upfront fee.

A solicitor would also offer you a no obligation, initial consultation which is free of charge. This allows them to listen to the circumstances surrounding your claim before determining whether you have a strong case against a negligent employer. A solicitor would also be able to organise treatments and therapies should your injuries be such that you require specialist medical care.

An accident at work lawyer would correspond with your employer’s insurance company and would make sure that all the relevant information pertaining to your accident at work are sent in a timely manner. This could help speed up what is often a complex legal process that insurers can draw out by not responding to correspondence they receive straight away. Should your employer dispute your claim, a solicitor would act on your behalf offering essential proof to validate your claim.

Is There a Time Limit to Accident at Work Claims?

You have 3 years to file an accident at work claim against a negligent employer. This statutory time limit must be adhered to for a claim to be valid. As such, it is best to start a claim as early as possible to avoid running out of time. The 3 year accident at work time limit is detailed below:

  • 3 years from the date you were injured in an accident at work
  • 3 years from the date you were diagnosed as suffering from a work-related injury that can be linked to the accident you suffered at work
  • 3 years from the date you turned 18 years of age, should the accident at work that left you injured have occurred when you were under the age of 18

Can My Employer Fire Me For Filing a Claim?

You cannot be shown the door because you choose to file for compensation from an employer. Should your employer sack you without another “good” reason other than the fact you filed an accident at work claim against them, you should seek legal advice from a solicitor who specialises in employment law. The reason being that you could be entitled to also file an “unfair dismissal” claim against your employer too.

Would a Solicitor Work on a No Win No Fee Basis on My Claim?

Once an accident at work lawyer has determined you have strong case against a negligent employer, they would typically offer to work on your claim on a No Win No Fee basis. This takes all the financial pressure of paying for the legal advice and representation you need, off the table and allows a solicitor to begin work on your case straight away.

The only thing you would have to do for an accident at work solicitor to begin working on your claim, is sign a contract that sets out the Terms and Conditions of the agreement and the amount you agree to pay on a successful  claim. This is referred to as a “success fee” because there would be nothing to pay for the legal services a solicitor provides, should your claim not be successful. The contract is known as a Conditional Fee Agreement (CFA) and it is a legally binding agreement that you enter into with a No Win No Fee solicitor.

Employee Injury At Work Advice

Can I Sue My Employer for Getting Hurt on the Job?

If you get hurt on the job, you have every right to sue your employer as long as your claim meets certain necessary criteria. One being that the accident at work in which you suffered injuries happened in the past 3 years and second that it occurred due to the negligence either of an employer or because of the actions of a work colleague.

If you were injured at work because your employer failed in their duty to keep you safe, you would have every right to sue them and receive a level of compensation that suits the injuries and damages you sustained. To find out more about whether you can sue your employer for getting hurt on the job, please read on.

Employee Injury At Work Advice

Was the Accident Reportable to RIDDOR?

Certain accidents at work must by law be reported to RIDDOR and if an employer fails to do so, they could receive a substantial fine from the enforcing authorities. This can be anything up to £20,000 for not reporting an accident and injury to RIDDOR. Employers must report the following:

  • Fatalities/death
  • All major injuries
  • All dangerous incidents that occur in the workplace
  • All injuries that prevent workers from carrying out their normal daily duties for more than 3 days
  • All diseases

It is always worth making sure that an employer has reported any of the incidents above to RIDDOR which as an employee, you have every right to do. If you find that the incident has not been reported, you should discuss the matter with a solicitor who specialises in accident at work claims and employment law.

Your Employer’s Responsibility for Health and Safety in the Workplace

All employers have a duty to carry out regular risk assessments in the workplace. They must also set in place measures to reduce the risk of employees and visitors being injured. Other measures that employers should set in place are as follows:

  • To establish how many people should be designated as “first aiders”
  • To determine what type of first aid facilities and equipment are needed in the workplace

Should an employer fail in their duty to follow Health and Safety Executive regulations, and you are hurt on the job, they could be held liable for your injuries. An employer must adhere to the following:

  • To keep an up-to-date record of all accidents and near misses in the workplace
  • To keep an accident report book up to date – very small companies are exempt from keeping an accident report book

Should your employer be in breach of any of the above which results in you getting hurt on the job, you could have every right to sue for compensation. However, all employees have a duty to ensure their own safety when at work by acting reasonably while carrying out the jobs they are tasked to do on a daily basis.

Would I Be Entitled to Sick Pay?

Getting hurt on the job can mean you have time off work in which case and providing you are an employee, you would be entitled to Statutory Sick Pay (SSP). With this said, some employers pay more in the way of sick pay to their employees even  when they are off work due to injuries they sustained in an accident at work. You would find out whether this is so by reading your employment contract.

Should I Sue My Employer For Getting Hurt on the Job?

If you feel that your employer was negligent in their duty which resulted in you getting hurt on the job, you should discuss the circumstance surrounding your case with an accident at work lawyer who would determine whether you have a strong claim. This type of personal injury claim can be complex and establishing liability often proves challenging.

However, once a solicitor has assessed your claim and decided that your employer could be deemed liable for your getting hurt on the job, they would take on your case on a No Win No Fee basis. This would allow a solicitor to contact your employer’s insurers alerting them to the fact you intend on filing for compensation.

Your employer must by law, have valid liability insurance in place and should display the certificate in the workplace so that it is clearly visible to all. If the certificate of liability insurance is not on display, your employer should provide you with their insurance details when you request them.

What To Do After Getting Hurt on the Job

You should always follow the workplace procedure following an accident at work that results in you getting hurt on the job. With this said, there are specific things that you should do when you are injured in an accident at work which are as follows:

  • You should ensure there is a record of the incident and your injury in the accident report book and if there is no book, make sure you send a letter or email to your employer detailing the accident and your injuries. You should keep a copy of this for your own records
  • If the accident is reportable to RIDDOR, make sure this has been done
  • Look at your employment contract or statement of employment to see what sick pay you may be entitled to receive after getting hurt on the job
  • Should your employer dispute your claim, make sure you attempt to sort it out before seeking legal advice

If your employer makes it hard for you to report an accident at work or a near miss, you should discuss your concerns with a solicitor who specialises not only in employment law, but accident at work claims too.

Employee Injury At Work Advice

What Can I Include in My Claim After Getting Hurt on the Job?

After getting hurt on the job and providing you can prove your case against a negligent employer, there are certain things that you can include in your claim. When calculating the amount you could receive in a successful claim, the two categories that are used are as follows:

  • General damages
  • Special damages

When calculating general damages, a court or your employer’s insurers would take the following into consideration:

  • The extent of your injuries and how your life has been impacted
  • The amount of time required off work
  • Whether your injuries are so severe that you would require ongoing treatment
  • Whether you would be able to enjoy the activities you enjoyed prior to being injured in an accident at work
  • Whether you would be able to work again

When calculating special damages, this is much simpler because it covers the out of pocket expenses you incurred as a direct result of getting hurt on the job. As such, special damages would include the following:

  • Travel expenses to receive treatments
  • Medical expenses

It is essential to keep all of your receipts as these would be needed as proof of the expenses you incurred as a direct result of getting hurt on the job.

What are My Workers Rights After Getting Hurt on the Job?

You have certain rights following an accident at work and getting hurt on the job could mean that you are put under a lot of financial pressure. As such, you have every right to the following:

  • To seek the level of compensation you rightly deserve for the injuries and out of pocket expenses you incur through no fault of your own
  • Not to worry that your job is at risk should you decide to sue your employer for compensation

Should your employer treat you detrimentally because you file an accident at work claim against them, you should get in touch with a solicitor who would provide essential legal advice on how best to proceed before you do anything which includes resigning from your job.

Are There Any Benefits to Working With a Solicitor When Suing an Employer?

There are many benefits to working with an accident at work lawyer when suing an employer for negligence in the workplace. Not only does it mean you have essential legal advice on how to go about making a claim, but it also allows you to concentrate on your recovery after getting hurt on the job. Solicitors have vast experience when it comes to working with clients on accident at work claims and they have access to legal libraries all of which can help speed up what is often a complicated legal process.

The solicitor would also ensure that you receive the correct compensation for the injuries you sustained in the workplace by negotiating directly on your behalf with your employer’s insurance company. This alone can speed up the process, bearing in mind that an employer may dispute your claim from the outset. As such, the solicitor would gather all the information and evidence needed to prove your case against an employer so it is upheld by a judge should your claim go to court. It is worth noting that the majority of personal injury claims (95%) are settled out of court by an employer’s insurance company.

How Long Do I Have to Sue My Employer for Getting Hurt on the Job?

Personal injury claim time limits are as follows:

  • 3 years from getting hurt on the job
  • 3 years from the date you were diagnosed with a work-related medical condition
  • 3 years from when you turn 18 years of age if the injury sustained occurred when you were under the age of 18

It is best to start an accident at work claim against an employer sooner rather than later, the reason being that should your employer dispute your claim, it can take more time proving that they were negligent in their duty to keep you safe in the workplace.

Can My Employer Fire Me For Suing Them?

Your job is safe even if you decide to sue an employer for getting hurt on the job because it is part of your worker’s rights to seek compensation. The only time an employer can fire you is when there is good reason for doing so other than the fact that you are suing them for being injured in an accident at work. If your employer chooses to sack you for no good reason, you could be entitled to file an unfair dismissal claim against them and as such, you should discuss this with a solicitor who specialises in employment law.

Would a Solicitor Work With Me on a No Win No Fee Basis?

Once a solicitor has determined that you have a strong claim against a negligent employer which they would do by offering an initial, free, no obligation consultation, they would typically offer to represent you when suing an employer for getting hurt on the job, on a No Win No Fee basis. The solicitor could then begin work on your case without the need to request a retainer or upfront fee.

No Win No Fee structures were set in place to help people when it comes to receiving legal representation that they would not otherwise be able to afford. A solicitor would sign a Conditional Fee Agreement (CFA) with you that sets out the amount you would only have to pay on a successful claim. This is referred to as a “success fee” or percentage of the amount you are awarded which is deducted directly from the compensation you receive. Should your hurt on the job accident claim not be successful, you would not have to pay the success fee for the legal services a firm of solicitors provided.

Employee Injury At Work Advice

Who Pays When You Get Hurt at Work?

You may be wondering who pays when you get hurt at work and the answer is that successful accident at work claims are typically settled by an employer’s liability insurance. All employers in the UK are legally required to have valid liability insurance in place which along with other things, covers legal claims for injuries sustained by employees in the workplace.

However, there are specific criteria that must be met for an accident at work claim to be upheld by a court and to reduce the chance of an employer and their insurers disputing a claim against them. To find out more about who pays when you get hurt at work and the criteria that must be met for an accident at work claim to be successful, please read on.

Employee Injury At Work Advice

Your Right to File an Accident at Work Claim Against an Employer

You have every right to file an accident at work claim against your employer providing you have enough evidence that the incident could have been avoided had your employer not been in breach of their duty to keep you safe from harm and injury in the workplace. All employers in the UK have a legal duty when it comes to ensuring that a work environment is safe by following Health and Safety Executive regulations.

Should your employer fail to keep you safe from injury or ignore measures to reduce the risk of you developing a work-related health issue, they could be held responsible and their insurers would have to pay a level of compensation to suit the injuries you sustained or the medical condition you developed when carrying out your daily duties at work.

It is also note-worthy that should a work colleague have caused the accident that left you injured whether your injuries are only minor or a lot more severe, a court may find that your employer could be deemed liable. The reason being that employers are held accountable for the actions of all their employees and this includes when they cause an accident at work that leaves another work colleague injured.

Your Right to be Correctly Compensated for Injuries Sustained in an Accident at Work

When you are involved in an accident at work, you could suffer physical injuries as well as psychological damage. On top of this, you may have to cope with financial problems due to not being able to work and because you have medical and other expenses to pay out. This can put you under a lot of stress when you should be concentrating on your recovery. Your injuries may be such that you require ongoing treatment and it could even mean that your life is changed forever.

As such, you have every right to seek the level of compensation not only to suit the injuries you sustained, but also to cover the expenses you incurred because you suffered an accident at work through the negligence of a third party and through no fault of your own. It is not an employer who pays the compensation you may be awarded when an accident at work claim is successful, it is their insurers who settle the amount you receive, keeping in mind that most cases by far are settled before they even go before a judge in court.

Your Right to Not be Treated Detrimentally for Filing an Accident at Work Claim

As an employee, you have certain rights which includes not being treated unfairly or detrimentally should you choose to file an accident at work claim against your employer. Other work colleagues should not treat you unfairly either. If you find that you are being treated detrimentally, you should seek legal advice from a lawyer who specialises in employment law because you may be able to file a claim against your employer because your rights have been breached.

Your Right to Receive Sick Pay Following an Accident at Work

Should the injuries you sustained in an accident at work, prevent you from working, you could also be entitled to receive sick pay (SSP) providing you are categorised as an “employee”. Should you be off work for 4 or more days in a row and your salary is at least £113 a week (before tax), you would be entitled to receive Statutory Sick Pay.

You may find that your employer offers more in the way of sick pay which would be detailed in your contract of employment. Should this be the case, you would be entitled to receive this amount even if you are not able to work because you were injured in an accident at work.

What Can I Include in an Accident at Work Claim?

Bearing in mind that it is your employer’s insurers who will pay any compensation you may be awarded in a successful accident at work claim, it is worth noting that the method of calculating the compensation awarded on all personal injury claims including those that are work-related, are broken down into two categories which are “general damages” and “special damages”.

General Damages

These are awarded in order to compensate you for the injuries you sustained when you get hurt at work. They cover not only your physical injuries but the psychological damage you had to cope with too. You can include the salary, bonuses and other perks you lost out on during the time you were off work. General damages can also include all future loss of earnings if your injuries are that severe that you would not be able to carry out your job again.

Special Damages

Special damages are a lot easier to calculate as they are based on “actual” expenses and other out of pocket expenses you may have incurred as a direct result of getting hurt at work. The amount you would be awarded in special damages would include all the travel expenses you paid out, the medical expenses you incurred and any other costs you would not have had to deal with had you not been in an accident at work.

Employee Injury At Work Advice

Should I Sue My Employer When I Get Hurt at Work?

Employees who get hurt at work have every right to seek compensation for the pain, suffering and all out of pocket expenses they incur providing specific criteria can be met which are detailed below:

  • That the accident that resulted in you getting hurt at work occurred in the last 3 years
  • That you were not responsible for the accident that left you injured
  • That you have evidence that your employer was negligent in their duty to keep you safe from harm and injury in the workplace
  • That a work colleague caused the accident through an error they made

Getting hurt at work can put you under tremendous pressure both financially and psychologically. You could find it hard to cope with everyday living expenses and you could have trouble paying regular monthly bills which could include your mortgage. As such, seeking compensation for not only the injuries you sustained, but also for all your financial losses, can take the burden of having to worry about finances off the table.

It is also important to bear in mind that your employer is legally required to have valid employer liability insurance in place which would cover the compensation you may be awarded in a successful accident at work claim. It is also worth noting that your employer’s insurers would have to reimburse all NHS treatments and medical care you received should your case be upheld. In short, it is not your employer who pays the amount of compensation you are awarded when you file an accident at work claim against them, but rather the insurance company that holds your employer’s liability insurance policy.

What are My Workers Rights When I Get Hurt at Work?

All employees have certain rights when they get hurt at work some of which are listed below:

  • The right to file for compensation following an accident at work that results in injury
  • That a job is safe even when an employee seeks compensation for injuries sustained in the workplace

What are the Benefits of Working With a Solicitor on An Accident at Work Claim?

Making an accident at work claim on your own is not as easy as it may first appear. The reason being there are many legal pitfalls which may hinder your case if not dealt with properly. Should your employer dispute your claim, it can make an already complicated process even more complex. As such, there are lots of legal benefits when it comes to working with an accident at work lawyer. These are detailed below:

  • You can discuss the circumstances surrounding the accident at work that left you injured with a specialist solicitor during an initial, no obligation consultation which it typically free of charge
  • Once your sign a Conditional Fee Agreement (CFA), a solicitor can start working on your accident at work claim without having to request an upfront fee or retainer
  • The “success fee” you would pay for the legal representation a No Win No Fee solicitor provides would be deducted from the amount you receive on a successful accident at work claim
  • A solicitor who specialises in work-related accident claims, has access to all the necessary legal libraries
  • They would negotiate a “settlement” with your employer’s insurers that correctly reflects the injuries and expenses you incurred

Is There a Time Limit To Claiming Compensation After Getting Hurt at Work?

There is a statutory time limit to filing an accident at work claim which you must abide by. Even waiting a few months to file a claim can put you at risk of losing out on the compensation you would be entitled to receive from a negligent employer. You may also find that if there is only a few months left on the 3 year statutory accident at work time limit, a lawyer may not be as keen to work on your case on a No Win No Fee basis.

The reason being that should your claim be complex, it can take much longer than a few months to resolve. As such, the sooner you seek legal advice from a lawyer who specialises in accident at work claims, the sooner you can get a claim started and receive the compensation you are entitled to. The time limits associated with work-related claims are listed below:

  • 3 years from the date you were involved in accident at work that left you injured whether your injuries are minor or more serious
  • 3 years from the date you were diagnosed as suffering from a work-related health issue
  • 3 years from your 18th birthday, should the accident at work that left you with injuries happened before you were 18 years old

Can My Employer Fire Me For Filing For Compensation?

You have every right to seek compensation for any injuries or health issue you developed in the workplace and you could also file an “unfair dismissal” claim against an employer should they choose to fire you because you do. Unless your employer has another “good and valid” reason for sacking you other than the fact you are seeking compensation from them, you should not have any fear of losing your job should you choose to file an accident at work claim.

Would a Solicitor Work on a No Win No Fee Basis on My Claim?

Most solicitors once they have determined you have a strong case to file an accident at work claim against a negligent employer, work on your case without requesting an upfront fee having agreed to enter into a Conditional Fee Agreement with you. This legal contract forms the basis of working with the solicitor on a No Win No Fee basis.

The CFA not only details the Terms and Conditions of the agreement, but also the percentage known as a “success fee” that would be payable to the solicitor on a successful accident at work claim. Because you entered into the agreement with a No Win No Fee solicitor, the percentage payable known as a success fee, would not be applied on an unsuccessful accident at work claim.

Employee Injury At Work Advice