Under UK law, you cannot be dismissed from a job following an accident at work that left you injured and you decided to file a compensation claim against your employer. If an employer decides to fire you without good reason, it could be seen as an “unfair dismissal” and you could be entitled to file not only a claim for compensation for a work-related injury but for unfair dismissal too. If you would like to find out more, please read on.
What To Do Following an Accident in the Workplace
Accidents at work should be reported in an accident report book and employers must be informed of the incident as soon as possible. If the business or company does not have an “accident report book”, you should note down the details of the incident, when it occurred with a record of your injuries and send it by registered post to your boss making sure you retain a copy for your own records. Should your injuries prevent you from reporting an accident, you should request that someone else does this for you on your behalf. It is crucial that a record of an incident is made which would be needed when you sue an employer for a work-related injury and unfair dismissal if they decided to fire you because of the accident.
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A fast way you could get free legal advice from a accident at work lawyer in the UK is to talk through free online chat from LegalExpert.co.uk website or call the free phone number on the website https://www.legalexpert.co.uk/accident-at-work-claims/faqs/dismissed-after-an-accident-at-work-can-i-claim-compensation/ the live chat is free and instant and open 7 days per week.
Other Steps to Take Following a Work-related Accident
- You should always seek medical attention following an accident at work even if you think your injury is not that serious. The reason being that you would then have an official record of how you sustained your injury which you would need when filing a claim against your employer and if you intend on claiming benefits you may be entitled to receive. If there is no official report of your accident, it could lead to an employer deciding not to accept your version of events
- You may also need to contact the Health and Safety Executive and/or your trade union if you believe that the workplace is unsafe. You have every right to refuse to work in an unsafe working environment and should only return to work when it is safe to do so
It is worth noting that your employer has no obligation to pay you while you are not at work, although many companies and businesses in the UK do have insurance to cover employees’ wages when they are off sick – but employers in the UK are not obliged to do this. If you have been dismissed following an accident at work, you should seek legal advice on both an unfair dismissal claim and a work-related compensation claim more especially as both processes can be complex and sometimes long-drawn out affairs that need to be presented correctly right from the start.
Things to Avoid If You are Dismissed Following a Work-related Accident
There are certain things you must avoid doing should you have been dismissed following a work-related accident which are detailed below:
- You should never sign anything that admits your liability as this could mean you would be held responsible for the accident. Some employers put pressure on employees following an accident in the workplace and if anyone refuses to sign a statement, they feel they may put their jobs in jeopardy. With this said, a tribunal or court may not accept a signed statement as an admission of your liability and could well disregard it at a hearing
Most employers avoid firing employees from their jobs following an accident in the workplace because it puts them in a difficult situation should there be no “good” reason for doing so. Should there be good “reasons” for your dismissal, other factors come into play which includes your length of service with the company, whether you were given correct warnings along with your rights as an employee of the business all of which would be taken into account when investigating your claim for unfair dismissal following a work-related accident.
Getting Legal Advice if Your are Dismissed Following a Work-related Accident
As previously mentioned, work-related personal injury claims and “unfair dismissal” claims tend to be complex and because of the 3 year time limit associated with both, it is best to seek legal advice before commencing any sort of case against your employer. The reason being that it is essential that you get things right from the word go to avoid running foil of the time limit.
You can contact Citizens Advice for more support if you have been dismissed from work following an accident and you can also work with a solicitor on a No Win No Fee basis which takes all the financial pressure of paying for legal representation off the table. When you sign a Conditional Fee Agreement, you would have agreed to pay the solicitor’s firm that represents you a percentage of the money you are awarded but if your claims are unsuccessful, there would be nothing to pay all.
If you suffer an work-related injury, you have three years to file a personal injury claim against an employer. Although this seems to be a long time, personal injury claims can be complicated and depending on the severity of your injury, gathering all the evidence and proof needed to file a successful claim, can take longer than you may first think. In short, if you are considering filing for compensation against an employer, the sooner you seek legal advice on your case, the better.
Time Limit Associated with Work-related Personal Injury Claims
As previously mentioned, the time limit to file a work-related personal injury negligence claim is set at 3 years from the date of the incident that left you injured. With this said, in some instances a court may extend a time limit, but this depends on certain factors and the circumstances surrounding your case. A solicitor who specialises in work-related personal injury claims would be in a position to let you know whether your case would merit an extension or not.
With this said, the sooner you gather all the information, evidence and proof needed to file a work-related personal injury claim, the better because you may find that to be heard, you may have to provide further information which could be relating to the accident, the person involved and the extent of the injuries you sustained. You may need to provide further specialist medical reports should your injuries have been severe. This is when the expert guidance and advice of a solicitor can pay dividends, more especially if an appointment with a health specialist can be arranged on your behalf which can save you a lot of valuable time.
In Some Circumstances The Time Limits Could Be Different – To Get Advice On Your Accident Time Limit Get Fast Advice.
In order to get fast free legal advice on the time limit of your accident at work this link offer free advice through online chat or a free phone number https://www.legalexpert.co.uk/accident-at-work-claims/faqs/time-limit-for-accident-at-work-claim/ LegalExpert.co.uk live chat advice services are also open 7 days a week from 9.am til late.
What Sort of Work-related Personal Injuries Can You Claim For?
If you were involved in an accident at work, the sort of injuries you can file a personal injury claim could include the following:
- An injury caused by a work colleague which occurred through no fault of your own
- You developed a work-related illness or disease – this includes health issues associated with working with asbestos
- You suffer psychological damage which is typically caused by a stressful work situation or bullying in the workplace
Working with a Solicitor on a No Win No Fee Basis
Working with a solicitor on a No Win No Fee basis takes all the financial pressure off the table because once you have signed a Conditional Fee Agreement with a firm of solicitors, they would commence on your claim without the need of asking for any upfront fees or retainers. You would only have to pay an agreed percentage on a successful claim. Should your case be unsuccessful, there would be nothing to pay at all for the legal representation you received.
The Steps You Must Take Following a Work-related Accident
All accidents and incidents must be recorded in an Accident Report Book which businesses and companies that employ ten or more people must have readily accessible to all their staff. Other steps that must be taken following an accident at work includes the following:
- Seek medical attention straight away even if you think your injury is minor
- Make sure the incident is recorded in an appropriate way whether it is recorded in an Accident Report Book or by letter sent to your employer as soon as possible
- Check your contract of employment to familiarise yourself with Accident at Work Procedures as set out by your employer
- If you are self-employed, you are legally responsible when it comes to reporting certain types of accidents in the work-place to the Health and Safety Executive or to a local council’s environmental health department
Getting Help With Your Accident at Work Compensation Claim
To avoid falling foul of any time limits associated with work-related compensation claims, it is best to seek legal advice and representation as soon as possible. It is crucial to have all the evidence and information regarding an incident that left you injured in the workplace ready to submit to the necessary authorities when filing a work-related personal injury claim. Failure to have the proof needed could result in long delays and may even mean that your claim is turned down right away.
Seeking legal representation can be expensive, but you can work with LegalExpert.co.uk on a No Win No Fee basis which takes how to pay for legal representation when you need it most, off the table. A solicitor who specialises in employment law would offer a free initial consultation which allows them to assess the strength of your claim and once they have, they would agree to represent you when you sign a Conditional Fee Agreement with them. This contract would stipulate the percentage of the amount you are awarded in a successful claim that you would have to pay, but if your claim is unsuccessful, there would be nothing to pay at all.
If a work colleague was responsible for an accident at work that left you injured, you have every right to file a personal injury claim against your employer more especially if your colleague had not been given sufficient training to carry out a job. This type of personal injury claim is known as “vicarious liability”.
Typical causes of work-related accidents caused by a colleague include the following:
- Insufficient training to drive a forklift which causes the vehicle to run into you
- Insufficient training to use specific equipment and machinery which results in you being injured
- Faulty or badly maintained equipment and/or machinery which causes an accident that leaves you injured
- A failure to follow Health and Safety guidelines which makes the working environment hazardous to be in
Your injury could be minor or more severe which could result in you not being able to work for a period of time. You could be so badly affected by an injury that you are unable to work again which could have a serious impact on your future earnings.
Each Accident Circumstances are different What is A Fast Way For Me to Find Out If I Have A Valid Claim?
A vast way for you to find out if you have a valid claim is to ask a specialist lawyers either by free live online chat on this link here https://www.legalexpert.co.uk/accident-at-work-claims/claim-guides/injury-claim-against-a-another-employee-or-work-colleague/ or you could call their free phone number it is also important to act fast when claiming compensation because as time goes on evidence can go missing and make the case much weaker.
More About Vicarious Liability
Under UK law, an employer is liable for any harm that is caused by their staff when they are carrying out their duties. As such, an employer must ensure that your work colleagues are competent and trained to carry out their duties. Should you be involved in an accident that left you injured due to a work colleague’s negligence, you could have the right to file a claim for compensation which you would do against your employer because they could be “vicariously” liable for your work colleagues error or negligence.
Your Employer’s Responsibility in The Workplace
Your employer has a duty to keep a working environment safe for all employees. This means following Health and Safety Executive guidelines and making sure all employees receive the following:
- The correct training for the job they are employed to do
- That machinery and equipment is well maintained and in good working order
- To carry out regular risk assessments to identify all potential dangers and hazards in the workplace
Steps to Take Following a Work-related Accident Caused by a Workmate
There are specific steps you must take following a work-related accident caused by a work colleague that left you injured which are detailed below:
- Seek medical attention even if you believe your injuries are only minor
- Make sure your employer is notified of the incident
- Make sure the incident is noted in the Accident Report Book. If there is no report book, make sure you note down all the details of the incident and your injuries before sending a copy to your employer
- Take witness statements
- Take photographs of the accident and your injuries
You should also seek legal advice as soon as possible because this type of work-related personal injury claim can be a complicated and sometimes long drawn out process and it pays to get it right from the work go to avoid any delays or your claim being turned down.
Who Pays a Work-related Personal Injury Claim Caused by a Work Colleague?
As previously mentioned, your employer could be liable for an accident at work that was caused by a work colleague. A specialist personal injury solicitor would assess the strength of your case and whether your employer could be held responsible. Should this be the case, it would your employer’s insurers who would pay the amount you are awarded in a successful personal injury claim. The compensation you may be awarded could include the following:
- General damages – these would cover your pain and suffering as well as any emotional stress and non-monetary losses you incurred as a direct result of the work-related accident that left you injured
- Loss of earnings – this would cover lost income and future income
- Medical expenses – if your injury was severe which means you would need private medical care, or long-term care, this would be included in your claim
- Travel expenses – this covers all travel expenses you incurred as a direct result of your injury
- Care claim – if you needed help and assistance during your recovery, the cost of this could be included in your claim
Getting Help with a Work-related Injury Caused by a Work Colleague
If you need any assistance on filing a work-related personal injury claim and would like to know more about an employer’s vicarious liability, LegalExpert.co.uk have years of experience in handling this type of claim. All personal injury claims can be complex and you may feel awkward about filing for compensation from an employer because a work colleague caused an accident that left you injured. However, all employers in the UK must have adequate insurance in place to deal with this eventuality and they must ensure that a working environment is safe by carrying out regular risk assessments, providing all employees with sufficient training and ensuring that equipment and machinery is in good working order.
Once an employer has been notified of the incident, they would contact their insurers who would then carry out an investigation into the accident to determine who is responsible. With this said, it is far better to seek legal advice right from the outset which takes all stress of your shoulders and if you choose to work with a solicitor who specialises in this type of claim on a No Win No Fee basis, it also takes all the financial pressure of seeking legal advice off the table too.
If you suffered an injury as a result of an accident in the workplace that could have been avoided, you have every right to file a compensation claim against your employer. All employers in the UK under the law have a duty of care to keep you and your work colleagues safe from harm and injury in the workplace. Should an employer fail in their “duty” and you are injured in the workplace as a result, there is a procedure that must be followed which goes a long way in proving and strengthening a personal injury work-related compensation claim. To find out more about suing an employer for negligence, please read on.
What is an Employer’s Duty of Care?
As previously touched upon, all employers must keep employees safe from harm in the workplace which is referred to as an employer’s “duty of care”. Employers in the UK must do take all reasonable steps to keep you as an employee safe in the workplace and to ensure your well-being while working. An employer’s duty of care towards you should not be entirely seen as a “legal requirement” because by doing so, it means you feel safe whilst at work and studies have shown that a safe workplace improves productivity and staff retention. Find out if you are eligible to make a compensation claim by visiting this link here https://www.legalexpert.co.uk/how-to-claim/accident-claims/accident-at-work-claim/ free advice from a online live chat or a free phone number.
With this said, all UK employers must adhere to all Health and Safety Executive regulations and employment law on top of their “duty of care” towards everyone in their employment whether on a full-time, part-time, contractor or self-employed basis. Should you be injured in the workplace, your employer has a responsibility to fulfil their obligations when it comes to negligence and/or personal injury claims.
Under the law, your employer’s duty of care should include the following:
- To clearly define employee’s jobs
- To regularly undertake risk assessments
- To ensure all employees work in a safe environment
- To provide adequate training as well as performance feedback
- To ensure that employees are not working excessive hours
- To provide rest and relaxation areas
- To protect all employees from harassment and bullying in the workplace whether from third parties or work colleagues
- To protect all employees from discrimination in the workplace
- To provide adequate and easily accessible communication channels so that employees can voice any concerns they may have
- To regularly consult with all employees on matters that may be of concern to them
Your employer could be held in breach of their “duty of care” towards you should they fail in any of their responsibilities and you suffer an injury or work-related illness/disease as a result. With this said, employees too have responsibilities in the workplace and have every right to refuse to work should the environment not be safe to do so without having to worry about any disciplinary action being taken out against them.
More About Suing an Employer for Breaches in Health and Safety Executive Regulations
You can sue your employer for a breach in Health and Safety regulations, but you can only file a claim for personal injury and illness against them and it is typically up to a Safety Inspector to instigate the claim. Your claim could include both physical and psychological injury if an employer breaches any of the H&S regulations.
How to Sue Your Employer for Negligence
You must gather as much evidence and proof as possible in order for a negligence claim to be successful. With this said, there are specific steps that must be taken prior to filing your claim which includes trying to resolve the problem directly with your employer. It is also important to familiarise yourself with the company’s “grievance” procedure which would indicate that steps are recommended, who you should approach within the company to voice your concerns with an end goal being to resolve the problem.
However, it would depend on your reason for suing an employer as to the effectiveness of this approach, but it is always recommended as being the best “first line” when it comes to resolving a work-related issue. Members of a trade union can also discuss any work-related concerns they may have with a representative who would be able to offer both assistance and advice.
Should you find that the problem is not resolved having followed the company’s recommended procedure, the next step is to contact a solicitor who specialises in work-related negligence claims. Having expert legal advice on how to file a negligence claim against an employer through an employment tribunal can help speed up what is often a complex and long drawn out process. When your claim is heard at an employment tribunal, your employer would present their case. A Judge would then decide on your claim and if successful, would rule on the amount of compensation and damages you would be awarded.
Seeking Legal Help in Negligence Claims Against Your Employer
As previously mentioned, work-related negligence claims can be long-drawn out, complex legal procedures and it is vital to have all the evidence and proof needed to present to an employment tribunal from the word go. As such, it is far better to seek legal advice as early as possible to avoid falling foul of the 3 year time limit associated with this type of claim. LegalExpert.co.uk have years of experience in handling successful negligence claims against employers and offer an initial free consultation which allows a specialist solicitor the chance to assess your case. Once the strength of your claim is established, a solicitor would agree to work with you on a No Win No Fee basis which means you would only pay for their legal representation on a successful negligence claim and the agreed percentage would be deducted from the amount you are awarded. Should you claim be unsuccessful, there would nothing to pay at all.
If you have filed a claim for a work-related injury, you may be wondering how long it takes for your case to be settled. The answer is that the length of time it takes for accident at work claims to be settled, depends on several factors. Personal injury claims can be complex, long-drawn legal procedures that have strict time limits associated with them. This is why it is far better to seek legal advice sooner rather than later when filing a work-related injury claim against an employer.
With this said, the main factors that determine how long it would take for your claim to be settled could include the following:
- Whether your solicitors have all the information, evidence and proof needed at the outset of filing a claim and how fast they obtain everything
- The speed a solicitor responds to your instructions
- Where your claim starts out whether through a Public Liability Portal, Industrial Disease Portal and whether a claim has to be accompanied by a detailed “letter of claim”
- How fast your employer responds to your claim
- How fast your employer’s insurers respond to your claim
- Whether your employers provides “full disclosure” at the right time and whether a “pre-action” disclosure application is required
- How fast a medical expert examines you and how fast medical reports are given to your solicitors
- How fast your recover from any injuries you sustained in the workplace
- The number of medical experts needed to write reports on your injuries
- Whether your employer’s insurers admit liability and when they do
- Whether as a claimant, you are a minor or incapacitated
- Whether your employer claims that you contributed to the incident through your own negligence
- Whether employer’s insurers admit liability and want to “settle” out of court and whether you accept the amount they offer to award you
- How fast your employer’s insurers start court proceedings
- Whether an employer’s legal representation ask for additional time so they can build their defence
- How fast a court deals with your claim
- Whether a barrister is needed
- The decisions a Judge may make about directions and timetable
- Whether there are any developments that occur during your claim
There are so many factors that go into how long a claim would take to be settled that it is virtually impossible to offer a definitive time but it is fair to say that the more complex a claim is, the longer it would take to be settled. It is also worth noting that many cases do not get to court because an employer’s insurers may want to settle “out of court” and it would depend on the amount they are willing to award you as to whether you accept their offer. Should you decide to accept an offer on the advice of your own legal representation, you would typically receive your compensation within anything from 14 to 28 days from the date you accepted an offer.
What are the Types of Settlements?
As previously touched upon, many claims are settled before they even get to court, which are referred to as “out of court settlements”. Your solicitor would push for your compensation to be paid out within 5 to 14 days. Should you not receive your payment, your solicitor may have to start court proceedings against your employer with an end goal being to “enforce” your settlement.
If your claim goes to court, the Judge would decree when the amount you are awarded is paid out to you which is typically within 21 days of their “order”. Again, if you do not receive your compensation on time, your solicitor would take an employer to court to “enforce” your payment. It is worth noting that should your claim involve a foreign insurance company and your claim is successful, it could take several weeks for you to receive the compensation you are awarded.
Each Claims circumstances are different what is a fast way of finding out how long a settlement could take?
In some circumstances you could get a pre-med offer and settle in under 30 days however in other circumstances it could take around 8 month 12 months theirs many factors why each claim is different. To get more a more accurate time estimate based on your case get free instant advice from this free live chat service and also a free phone number is offered if you prefer a phone call visit https://www.legalexpert.co.uk/how-to-claim/accident-claims/accident-at-work-claim/ if you explain what type of accident you had and the circumstances you will receive free advice and a possible estimated time on settlement.
Getting Help with a Work-related Personal Injury Claim
Work-related personal injury claims can be complex legal procedures which is why it is best to seek legal advice and representation as soon as possible, bearing in mind that there is a strict 3 year time limit associated with this type of claim. The sooner you can provide a solicitor who specialises in personal injury work-related claims, all the information, evidence and proof required, the better your chances are of speeding up the time it takes to receive compensation for an injury your sustained.
Working with LegalExpert.co.uk from the word go ensures that your claim is handled in a professional, timely way which ensures you do not make mistakes which could slow down the process and which could result in your claim being thrown out before it is even heard by a Judge. Once a specialist solicitor has assessed the strength of your case, they would offer to work with you on a No Win No Fee basis taking all the financial pressure of paying for legal representation off the table and you would only have to pay an agree fee if your claim is successful.