Accidents that take place at work, should be recorded in an accident report book and if the incident is “reportable”, it must be reported to RIDDOR too. Having a record of an accident and the injuries you sustained, ensures that you have evidence that the incident occurred while you were at work. If there is no log or report book, you should always ensure there is a record and photos to prove the incident happened at work which you can do by either emailing the details directly to your employer from a personal email or by sending them a written record of the incident in a letter sent recorded delivery. This ensures that an accident at work report has been officially lodged.
If your injuries are so severe, that you are immediately taken by ambulance to the Accident and Emergency department of a hospital, a work colleague should ensure there is a record of the accident for you. Gathering proof and as much evidence is essential when it comes to receiving the correct work pay entitlement when injured in an accident at work.
What Are My Rights if Injured in an Accident at Work?
Employee rights when injured in an accident at work in the UK are vigorously protected. Your employer is legally obliged to adhere to Health and Safety Executive regulations and certain accidents must be reported to RIDDOR, failure to do so could result in a hefty fine being levied by the enforcing authority. You would be eligible to receive specific pay entitlements and benefits. The rules and regulations are designed to protect you and all employees in the workplace.
It is worth noting that should you feel that your working environment is unsafe, you should take steps to alert your employer and other authorities if necessary. If you are a member of a trade union, you should notify your representative of your concerns who would then contact your employer to resolve any problems or hazards in the workplace. If you are not a trade union member, you can contact a representative of the Health and Safety Executive directly to voice your concerns.
Should you feel that you are in immediate danger of being injured, you have every right to protect yourself by not going to work until any dangers or hazards have been resolved. It is an employer’s duty to set in place all reasonable measures to keep you safe from injury and harm while you are in their employment.
Even if a work colleague causes an accident at work that results in you sustaining injuries, your employer could still be deemed liable and you would have every right to seek compensation. This includes any pay entitlement you may be eligible to receive, bearing in mind that your employer cannot stop you from doing so because they would be in breach of your rights if they do.
Your employer is also legally required to have valid liability insurance to cover workplace accidents in which employees are injured, and to cover any health related claims filed against them. This liability insurance that employers are legally required to have, should cover accidents at work caused by work colleagues too. As such, it is your employer’s insurance provider who would deal with your accident at work claim and not your employer. Should your case be upheld by a court or the insurance provider offers you an out of court settlement, it is the insurer who pays the amount you are awarded.
These rights following an accident at work apply to all “employees” which includes agency workers, temporary staff and all other people working for an employer who is in “control” of the duties that staff are tasked to carry out. As such, the pay entitlements are the same.
Your Rights To Industrial Injuries Benefits When Injured in an Accident at Work
Apart from being entitled to file an accident at work claim against an employer, you may also be entitled to claim Industrial Injuries Disablement Benefits (IIDB). This type of pay entitlement applies to certain cases. The criteria that must be met to receive this benefit is detailed below:
- You were an employee at the time the accident at work occurred
- You were taking part in an approved “training scheme”, an event or course when you were injured
- You were injured in an accident at work or developed a work-related medical condition when working for an employer in England, Scotland or Wales
It is noteworthy that certain exceptions apply which can be found on the government website. You may also be entitled to claim disability benefits should you have developed a work-related disease of which over 70 are covered by the scheme. These include the following:
- Chronic obstructive pulmonary disease (COPD)
- Loss of hearing
- Asbestos related diseases
If you were involved in an accident at work or developed a work-related medical condition, you should discuss your case with an accident at work solicitor who would provide essential advice on whether they could represent you on a No Win No Fee basis when filing a personal injury claim against a negligent employer.
Do I Get Paid If Hurt At Work?
Should you develop a medical condition or be injured in an accident at work which results in you having time off, you would be eligible to the following pay entitlements:
- Statutory sick pay (SSP) – the amount you receive would depend on the sick pay policy that your employer has in place. You may find that you would only be entitled to receive SSP which is currently set at £89.35 for up to 28 weeks, bearing in mind that your employer may add to this amount with extra payments/sickness benefits
- You would also be entitled to include your “loss of earnings” when filing an accident at work claim against your employer, whether you received statutory sick pay or not, and this would be factored into any loss of income compensation you are awarded in a successful injury at work claim
Can My Employer Fire Me For Filing an Accident at Work Claim Against Them?
Your employer must have good reason for firing you other than the fact you have chosen to file an accident at work claim against them. If you are shown the door without “good reason”, you should contact a solicitor who specialises in employment law because the chances are you could also be entitled to file an “unfair dismissal” claim against your employer too. In short, your employer cannot legally sack you for seeking compensation and receiving the pay entitlement you rightly deserve for an injury you sustained in an accident at work.
What Pay Entitlement Can be Claimed Following an Accident at Work?
You can claim specific pay entitlements following an accident in the workplace that resulted in you having time off work to recover from your injuries, whether physical or psychological. You should always seek medical attention even if you believe your injuries are only minor because further down the line, you may find that the extent of the damage sustained, was much more serious than you first thought.
Having an official medical report helps strengthen your case against a negligent employer. It is crucial evidence when it comes to calculating any pay entitlements and benefits you may be awarded in a successful claim.
The Evidence Needed to Prove Pay Entitlements Following an Accident at Work
When you are injured in an accident at work, there are specific steps that must be taken not only to prove the incident occurred while you were working, but also as proof of any loss of earnings and other benefits you missed out on during your recovery. These essential steps are detailed below:
- That the accident and your injuries are officially recorded
- That the incident is reported to the correct person, whether an employer or person in charge
- That you have photos of where the accident occurred and of the injuries you sustained, ideally these should be taken prior to receiving any kind of treatment
- That you have CCTV footage of the accident – if available
- That you have witness statements and their contact details
- That you have an official medical report of your injuries which details all the symptoms, including those that are minor
All of the above is essential evidence that is required when seeking pay entitlements as part of your accident at work claim against a negligent employer.
Should You Claim Your Accident at Work Pay Entitlement When Seeking Compensation?
You have every right to be awarded a level of compensation that is in line with the injuries you sustained in an accident at work as well as any financial losses you incurred through no fault of your own. As such, you can include all the pay entitlements you would be eligible to receive having suffered injuries in the workplace.
As previously mentioned, all employers in the UK are legally required to have liability insurance in place which not only covers accidents at work suffered by employees but compensation claims for medical conditions that workers may develop too. As such, the pay entitlement you would receive is settled by your employer’s insurance provider on a successful accident at work claim, bearing in mind that you would also receive the statutory sick pay (SSP) for the time you are unable to work which covers you for up to 28 weeks. You may receive more if your employer’s sick pay policy is higher and includes other sick pay entitlements too, even if you are off work because you were injured in an accident at work.
Working With a Solicitor on a No Win No Fee Basis
Legal representation can be expensive which is why many employees who were involved in accidents at work were put off filing for the compensation they should have received. As such, No Win No Fee structures were set in place which involve both a solicitor and an injured party signing a Conditional Fee Agreement. When you sign a CFA, you agree to pay a solicitor a “success fee” which is the percentage payable on a successful claim. Should your case not be upheld by a judge, there would be nothing to pay for any of the legal representation a solicitor provided.
Entering into a No Win No Fee agreement with a solicitor allows them to begin work on your case without having to request any money upfront. Another great advantage of working with No Win No Fee solicitor is that the “success fee” is taken from the amount you are awarded, whether it is through a court or directly from your employer’s insurance provider, should they choose to settle your accident at work claim out of court.