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Dismissed After an Accident at Work What To Do? – 2018 Update UK

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.

We Advise That You Talk With A Specialist Lawyers As Soon As Possible View This Link

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.

Employee Injury At Work Advice

Employee Injury At Work Advice

 

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.

What is The Time Limit for Claiming Compensation for an Accident at Work in the UK?

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.

Employee Injury At Work Advice

Employee Injury At Work Advice

 

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.

I Was Injured at Work Because of Another Employee, Can I Claim Compensation? – 2018 Update UK Law

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.

Employee Injury At Work Advice

Employee Injury At Work Advice

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.

Can I sue my employer for negligence compensation claim for a work injury? – 2018 Update UK Law

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.

Employee Injury At Work Advice

Employee Injury At Work Advice

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.

How Long Does a accident at work Claim Take to Settle? – 2018 Update UK Law

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.

Employee Injury At Work Advice

Employee Injury At Work Advice

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.

How long after an work related accident do I have to report the injury to my employer?

Your employer must be told of any accidents that occur in the workplace as soon as possible. Should you suffer an injury whether minor or more severe, the incident must be officially recorded in the Accident Report Book that all businesses and companies are required to have by law. There are certain steps that must be followed when an accident occurs in the workplace which leaves you either injured or suffering from a work-related illness. To find out more, please read on.

Recording the Incident in the Accident Report Book

You must make  sure that your employer (or person in charge) records the incident that left you injured or suffering from a work-related incident in the accident report book and that they sign it in. If you find there is not Accident Report Book, you or a colleague should make a note of the incident, when it occurred and the extent of your injuries before sending a copy to your employer. You must keep a copy of the report for your own records.

What to do if you are unsure if you can claim?

If you are not sure if you are eligible to claim a fast way of getting free instant legal advice is through LegalExpert.co.uk online live chat or you could call their free legal advice phone number the link is here https://www.legalexpert.co.uk/accident-at-work-claims/faqs/time-limit-for-accident-at-work-claim/. Also remember each accident circumstances are different and a specialist will need know what happened in order to let you know if you have a valid claim.

Employee Injury At Work Advice

Employee Injury At Work Advice

Under UK law, all businesses and companies where 10 or more employees work,  are required to keep an Accident Report Book which is a legal requirement under RIDDOR – the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations

The details of an incident must be noted in an Accident Report Book as detailed below:

  • The cause of the accident
  • Full circumstances surrounding the accident

It is worth noting that even “near misses” must be recorded in an Accident Report Book as a way of identifying hazards that may be present in a workplace which can then be rectified with an end goal being to the working environment as safe as possible for all employees.

Should There be Easy Access to an Accident Report Book?

An Accident Report Book must be easily accessible so that it can be kept up to date. Companies and businesses employing 10 staff or more, must also keep an Accident Report Book and all records of incidents and accidents for three years. The reason being that you, as an employee have up to 3 years from the time of an accident to file a personal injury claim against an employer. With this said, certain environmental and health risk records must be kept for longer than three years.

Seeking Medical Attention As Soon As Possible

You should always seek medical attention following an accident at work even if you believe your injuries are minor. It is essential that you have an official medical record of your injuries more especially if you intend on filing a claim for compensation against your employer. This record is also necessary for when you claim any benefits you may be entitled to (more information on industrial injury benefits can be found here).

Reporting an Incident to the Health and Safety Executive

In some cases, an environment might not be “safe” for you to work in and if you believe you are being put at risk of being injured, you should discuss your concerns with a trade union representative and report the issues you have to the Health and Safety Executive. You have every right to protect yourself by not going to work until the environment has been made safe for all employees to do so.

Time Limits Associated with Work-related Personal Injury Claims

The time limit associated with work-related personal injury claims is 3 years from the date of when the incident occurred. Although, three years seems a long time, many work-related claims can be complicated and long-drawn out processes. As such, it is far better to begin your claim sooner rather than later and to seek expert legal advice from the word go to avoid falling foul of the time limit.

Seeking Legal Advice on Reporting a Work-related Accident at Work

If you are unsure on what to do having been involved in a work-related accident that left you injured, it is important to seek legal advice as soon as possible. You can contact Citizens Advice or if you are a member of a trade union, you could discuss the issue with your representative. With this said, you could also contact LegalExpert.co.uk, and a solicitor who specialises in work-related personal injury claims, can offer you free legal advice, bearing in mind that the first consultation is free of charge. It is also worth noting that once a specialist solicitor has assessed your case and they believe you have a strong claim against an employer or other third party, they would agree to work with you on a No Win No Fee basis. In short, you would have nothing to pay for your legal representation if your claim is unsuccessful.

Can I Claim For An Accident at work if Self-employed? – 2018 update UK

It would be fair to say that many people who are self-employed do not realise they could be entitled to compensation following a work-related accident that left them injured. The reason being that when working for yourself it stands to reason that a third party could not be responsible for your injuries and as such, you are unsure whether you could be entitled to file a claim and who would your personal injury case be against? To find out more about filing personal injury self-employed claims, please read on.

What is a fast way of finding out if a can make a claim?

Each accident circumstances are different and you may or may not be able to claim however a fast free way of finding out is to ask a work accident claims specialist. You can get free advice on this link here to through a free online live chat or their is also a free phone number you could call https://www.legalexpert.co.uk/accident-at-work-claims/faqs/i-am-self-employed-i-had-accident-work-can-i-make-claim/ the live chat and free advice is available 7 days a week and open till late. This is one fast way of finding out.

Self-employed Work-related Personal Injury Compensation Claims

As a self-employed person, you are responsible for your own safety in the workplace, however, there are specific instances where you may be entitled to file a work-related personal injury claim providing it can be proved an accident occurred due to a third party’s negligence or mistake, some of which are detailed below:

  • If you are hired by a company or business as a contractor to work on a project or to carry out specific tasks in the workplace. This could be if you are employed on a construction site as a carpenter, plumber, electrician or landscaper. You would have signed a contract outlining the project you are to work on and the duration of the work. The employer, therefore, has a duty of care to ensure the working environment is safe and free from any dangers and this applies to everyone who works or visits the site including self-employed contractors
  • The employer must provide well maintained equipment and it must suit the job
  • Even as a self-employed person working on a construction or other site, you must be given sufficient training before starting a job
  • The employer must provide the correct protective clothing which includes goggles, earplugs, high visibility clothing and hard hats

Should an employer fail to provide any of the above or anything else that is required by law to keep you safe while working for them and you suffer a work-related accident that leaves you injured, as a self-employed worker, you would be entitled to file a compensation claim providing the accident occurred through no fault of your own.

Employee Injury At Work Advice

Employee Injury At Work Advice

What To Do Following a Work-related Accident If You are Self-employed

Anyone who suffers an work-related injury should seek medical attention as soon as possible even if an injury appears to be minor at first. Many people do not realise the extent of their injuries to begin with because although not visible, there may be more serious internal damage that has occurred. The other reason to seek medical attention following a work-related accident, is that it provides you with an official medical record of the incident and your injuries. Having a medical report would strengthen your claim against a third party or employer.

Other necessary steps are detailed below:

  • Collect as much evidence of the incident as you can. If you are unable to do this because of your injuries, a work colleague should do this on your behalf. The type of evidence needed for a claim includes photographs of machinery/equipment involved in the incident, where the accident occurred and photographs of the injuries you sustained
  • Make sure that the incident was logged into the Accident Report Book, bearing in mind that all workplaces in the UK are required by law to have one of these onsite and once the incident is logged in the book, you or a work colleague should make sure the report is signed off by whoever is in charge
  • Collect the names of witnesses which must include their contact details

Getting Help with a Self-employed Work-related Compensation Claim

As with all personal injury compensation claims, it pays to seek legal advice as soon as possible because they can be long-drawn out, complicated processes. Having the advice of a legal expert at a time when you need it most, makes the process easier to understand and it would clarify whether you have a strong case against an employer as a self-employed worker.

LegalExperts.co.uk offer a free initial consultation which allows a personal injury solicitor to assess the merits of your claim. It also allows a specialist solicitor to determine whether your case is strong and therefore they would agree to work with you on a No Win No Fee basis. You would sign a Conditional Fee Agreement which would set out the percentage you would pay your solicitor, but only if your claim is successful. Should you lose your case, you would have nothing to pay the solicitor at all.

Conclusion

As a self-employed worker you may not be entitled to all the same rights and perks as someone who is employed by a business or company on a permanent basis, but you are entitled to the exact same rights in the workplace when it comes to Health and Safety. As such, if you were involved in an incident that left you injured and it can be proved the accident occurred through no fault of your own, you could be entitled to file a claim for compensation against your employer even if you are contracted to work on the site and are self-employed.

Can I be Sacked for Making a Claim Against My Employer?

If you suffered an injury or illness through no fault of your own while you were in the workplace, you have every right to file for compensation against an employer without the worry of being fired for doing so. Employers have a duty of care to ensure you are kept safe from injury or illness while you are at work. If an employer is in “breach” of their duty, as an injured party, you are entitled to file a claim for compensation against the person or organisation that employs you.

Should your employer decide to fire you because you are considering or are about to lodge a compensation claim against them, or they make your life so difficult that you are forced to resign from your job, you employer would be strengthening your case against them. In short, your compensation claim against them would be a lot more likely to succeed, As such, it would not be in an employer’s interest to sack you because you intend of filing a work-related personal injury claim against them.

What is My Employer’s Duty of Care Towards Me?

UK legislation under the “Management of Health and Safety at Work Regulations Act 1999, states that all employers must ensure that employees are kept safe from harm in the workplace. An employers’ duty of care is outlined as follows:

  • They must set in place all reasonable measures to ensure you are safe from harm while you are in the workplace
  • They must provide adequate training so you are able to carry out your work without the risk of being injured or suffering a work-related illness
  • They must regularly carry out risk assessments so that machinery, equipment and working procedures are safe and to ensure there is a minimal risk attached

Should your employer fail in their duty of care towards you and you sustain an injury or develop an illness while carrying out your job, you have every right to file a compensation claim against them.

What Are My Responsibilities as an Employee?

As an employee, you also have a responsibility to behave in an acceptable manner in the workplace. If you have an accident at work that leaves you injured through reckless acts, you could be held responsible through your own negligent behaviour and the same can be said if it can be proved that you ignored any Health and Safety regulations. As such, if you file for compensation and it is found that the accident was your fault, your claim would be unsuccessful.

Is their a way i can get free legal advice for my injury at work from a expert online or through a free phone number?

The short answer to this question is yes if you click on this link https://www.legalexpert.co.uk/how-to-claim/accident-claims/accident-at-work-claim/ it offers legal advice through a online chat or also theirs a free phone number and its open seven days a week till late.

Employee Injury At Work Advice

Employee Injury At Work Advice

Would My Work-related Claim for Compensation be Kept Private?

Under UK law, businesses and companies must have an accident report book where all incidents are recorded. As such, if you suffered an injury or illness in the workplace, the accident would be officially noted in the Accident Report Book. Once you have decided to file for compensation against your employer, the solicitor handling your case would either notify your employer or their insurers of your intentions. The next step would be for your accident to be fully investigated by your employer’s insurers who would gather as much information as possible about the incident and your injuries/illness.

Based on this information, your employer’s insurers would come to a decision on who is liable. It is worth noting that all employers must have sufficient insurance to cover any eventual claims that are filed against them which includes any legal fees that arise from a personal injury claim.

Your employer must also report any serious work accidents, dangerous incidents and health-related issues that arise in the workplace to RIDDOR and the Health and Safety Executive. On top of this, the Department of Work and Pensions must be informed of all work-related personal injury claims. Should your claim be successful, an employer’s insurers would have to refund all benefits you received.

In short, when you are involved in a work-related accident that leaves you injured, the incident would be reported to all the necessary authorities.

Who Pays My Work-related Personal Injury Compensation Claim?

Employers in the UK must have adequate insurance cover in place to meet legal requirements. As such, successful personal injury claims are settled by your employer’s insurers who would deal with your personal injury claim right from the outset. Your employer does not have to be involved in the process once they have been informed of an impending claim.

What is the Time Limit Associated With a Work-related Personal Injury Claim?

There is a time limit of 3 years associated with work-related personal injury claims but it is important to start a claim as soon as possible to avoid running out of time. It is also worth noting that if your employer’s company ceases trading, you may still be able to file a  claim against them by filing an application for their business to be put back on the Register of Companies.

Can I Get Help Filing a Work-related Personal Injury Claim?

Work-related personal injury claims can be complex, more especially if an employer makes it harder for you to remain in your job because you decided to file for compensation following an accident that left you injured through no fault of your own. The same can be said if you developed a work-related illness and filed for compensation. The guide published by LegalExpert.co.uk provides a lot of useful information on how being dismissed from the workplace because you filed a work-related personal injury claim against your employer, could be seen as grounds for “unfair dismissal”.

Proving your employer’s negligence caused you to be injured while at work can take up a lot of time because it is essential that you have all the necessary proof and evidence that the accident occurred due to an employers’ negligence. This includes having as many witness statements as possible and that you follow the necessary legal steps required when filing a work-related personal injury claim against an employer.

For more information regarding Health and Safety regulations in the workplace, please visit the following website www.hse.gov.uk.