Compensation for work accidents
If you've been injured in an accident at work and you think your employer is at fault, you can claim for compensation but any claim must be made within three years of the accident itself.
Your employer has a duty of care to ensure you can do your job safely. Several laws exist to protect employees at work and if it can be shown that they have not been complied with and that this has led to a personal injury, you can claim for compensation. Employers are not allowed to dismiss you for making a personal injury claim.
You will need a lawyer to represent you - if you belong to a trade union, you may be able to use their legal services. Otherwise, you should speak to a specialist personal injury lawyer. Some lawyers will take your case on a 'no win no fee' basis.
By law, your employer must be insured to cover a successful claim. Your employer should place a certificate with the name of their employer's insurance company where it can be seen at work. If not, they must give you the details if you need them.
If you're considering suing your employer, remember that the aim of legal damages is to put you in the position you would be in had the accident not happened - it's not about getting hold of some ' free' money. There are also court costs and fees to think about.
Injuries at work include:
Back injuries
Back injuries often occur because of accidents at work and can lead to long periods of recuperation and subsequent loss of earnings. Employers have to assess the risk of injury and do what's needed to take care of the health and safety of employees. They are also responsible for things like wet. slippery floors and other accident hazards on their premises.
Repetitive Strain Injury
Repetitive Strain Injury or RSI can cause painful cramps in your hands that could affect your ability to work and to lead a normal life. See your doctor if you think you have this problem. He will tell you if your RSI could be work-related. If it has been caused by your work, you could claim for compensation.
Unsafe machinery
There are several causes of accidents at work involving machinery. These include inadequate safety procedures and/or training, faulty machinery itself and negligent fellow workers or supervisors. In each case, you may be able to claim for compensation
Long-term problems
Usually a claim for compensation for an accident at work must be brought within three years but this time limit can be extended in cases where the damage does not show itself for years after the event that caused it. This could include a variety of work-related diseases and disabilities. If your disease or disability was caused by an aspect of your work, you could claim for compensation – no matter how long ago the event that caused it.
Dangerous incidents
Employers have to carry out a risk assessment and do what's needed to take care of the health and safety of employees. They must ensure there are no hazards in your workplace which could cause injury. These include: slippery floors, collapse of scaffolding, wobbly ladders, gas fumes, cables and other obstacles on the floor to trip over, lack of ventilation and blocked corridors. If your accident was caused by any of the above, you could claim for compensation.