Workplace injuries can often lead an employee to file a personal injury claim. As there is a legal obligation for the employer to produce a safe working environment, this can lead to a compensation legal process. In this article, we'll consider how employees can workplace injury claims, the employer’s legal obligation and more. You'll learn:
The legal rights of employees
The requirements for taking legal action
The legal and moral responsibilities of employers
How to claim compensation
The type of compensation for work accidents
Step 1: Seek Immediate Medical Attention
When an accident happens at work, it’s crucial to seek medical attention immediately. The injury that has been sustained could get worse if medical care is delayed. At a workplace, it’s good practice to have an employee in charge of first aid. They should be fully trained first aiders with a first-aid certificate. They should report the injury and get medical attention immediately.
The injury must be diagnosed and documented efficiently. This is vital if the employee does want to take the steps to make an injury claim and to be successful. If delays do occur in seeking treatment, this can weaken the chance of a successful claim as the employer could argue that the injury was not as serious as reported. The injury company may state the claim is invalid too.
Step 2: Report the Accident
You should report the accident to your employer as soon as possible when an injury occurs at work. As part of the accident at work claims process, you will need to prove the accident was reported in the company’s accident book. The employer is legally responsible for having a company’s accident book at the workplace. This is a requirement as a business and any injuries need to be reported there by the employer. This is an official record of the incident and will be a vital piece of evidence when an employee is seeking compensation for work accidents.
Involvement of Health and Safety Executive (HSE)
If an accident does occur at work, its severity might require it to be reported to the Health and Safety Executive (HSE). There are regulations in place that they must report to the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (RIDDOR). As discussed on the Health and Safety Executive, a responsible person such as the employer needs to report this online and this will be added to the RIDDOR database.
Here are some of the types of injuries that need to be reported:
Fractures
Amputation
Loss of sight
Crush Injury to head or torso
Burn injury
Loss of consciousness due to head injury or asphyxia
Scalping that requires hospital treatment
Injury due to enclosed space
The Health and Safety Executive will then decide whether to investigate the accident. Their findings could then be used for the compensation claim as support for the accident.
Step 3: Gather Evidence
If you are going to consider claiming work injury compensation UK, you need to get as much evidence as you can. This is critical in building a strong personal injury claim. Here is some of the evidence you need to get:
You should gather any photographs from the accident.
You should include any photos which highlight the visible injury.
You should gather witness statements from the incident are also vital evidence to support a claim. If you were assisted by a first-aid professional at the workplace, you can get their contact details and ask if they are willing to make a statement.
Medical Records and Expenses
You need to keep all medical reports from the incident to help support your claim. When you look at how to file a personal injury claim UK, they will want to see the following:
Doctor’s notes on the accident
Treatment plans that are needed due to the accident
Any proof of hospital or doctor appointments
Any receipts of medical expenses or treatment costs.
The above will help to prove the extent of the injuries due to the workplace accident. It can also help to highlight any associated costs that have occurred due to the injury. Medical expenses that have left the claimant out of pocket will be considered in the claim.
Step 4: File the Claim
The next step is to seek legal advice from a personal injury or accident at work solicitor. They can give you guidance on the legal process. They will discuss with you what happened and you can show them the evidence you have about the claim. They can help you through the legal process.
They will help you to file the claim and negotiate on your behalf with the employer’s solicitor. Solicitors tend to operate on a no-win, no-fee basis. In this case, you do not need to pay legal fees unless your claim is successful and you do get compensation. They can also help employers who are also facing a personal injury claim from an employee.
Submit the Claim
You will then need to submit a formal claim to begin the accident at work claims process. The solicitor should draft the claim which is then sent to the employer or insurance company and should include:
The details of the accident including when and where it happened
The injuries sustained in the accident
The compensation you are seeking for the accident
The set period the defendant has to respond to the claim
They will then need to either accept liability or contest the claim.
Step 5: Negotiations and Settlements
You may find that you can reach an agreement without the need to go to court. The employer’s insurance company will liaise with the employee’s solicitor. They could agree to a fair compensation amount which will cover any loss of earnings, damages related to the injury and medical costs. You could also have mediation with the employer and can discuss a fair settlement. This is often a cheaper and quicker route to compensation from the employer.
Court Proceedings (if necessary)
If a settlement can not be reached out of court, the case will then have to go to court. Here are the steps that normally occur in this case:
Both parties will present their evidence.
The judge will then overlook the case and evaluate the evidence.
They will then decide if the employer owes compensation to the employer.
The judge will decide on the amount that will need to be paid which will be equated including any loss of earnings and medical expenses.
Court tends to be only for more complex cases and most claims are settled before this.
Legal and Regulatory Considerations
Health and Safety at Work Act 1974
Employers have a duty of care to provide a safe working environment. Under the Health and Safety at Work Act 1964, it’s a legal responsibility to ensure that the workplace is up to standards. The legislation covers the health and safety of employees, stating the systems at work that need to be put in place.
Employers need to take steps such as conducting a risk assessment and putting procedures in place. They need to have regular reviews and report findings. They should also have equipment in place to work safely. If they do fail to meet the standard of safe working, the employee has the right to take legal action. They should be able to seek compensation for injuries sustained due to the employer’s negligence.
What are the Time Limits for Filing a Claim?
Employees have a right legally to file the claim up to three years from the date of the accident. This is the set time frame to report the personal injury claim. If they do not file this within this timeframe, their claim could be invalidated. There may be exceptions to the limitation period such as exceptional circumstances or mental capacity.
FAQs
What should I do if my employer refuses to accept liability?
If an employer refuses to take liability, you can pursue legal action through the court. You can work with a personal injury solicitor to take the matter to court. You will have to provide evidence to support your claim. They can then force the employer to pay compensation charges. You can also report them to the Health and Safety Executive (HSE) who will look into the employer’s liability. They can help to support your claim for compensation with their findings.
How long does the personal injury claims process take?
The claim process time scale depends on how complicated the case is. For the most straightforward cases, the employer has three months to respond to the claim. It normally takes 6-12 months for the claim process to complete. If there is a dispute over the claim or the injuries are quite extensive, it can take longer than a year to sort.
Can I still make a claim if I was partially at fault for the accident?
If you are partially at fault, you may have to take shared liability for the accident that has happened at the workplace. The insurance company will work out the percentage which each party should be at fault. The employee will still get compensation, but this will be at a reduced rate.
What compensation can I claim for a workplace injury?
The compensation you receive will depend on the injury and how it’s affected the employee. You may receive general damages which covers the physical and mental pain the injury may have caused. There are also special damages which tend to cover any financial losses you may have faced due to the injury. It will also look at any additional medical expenses you have faced such as treatment costs.
Do I need to go to court to settle a workplace injury claim?
The claim will be settled out of court if possible to save time and money for both the employee and employer. The legal representatives for each party can discuss and settle on a fair compensation for the employee. This will save going to court which can cause additional charges.
Conclusion
Evidence is crucial if you are going to claim for a workplace accident. You can then work with a personal injury solicitor who can help you to make a formal claim for personal injury at a workplace accident. The employer can then accept liability and offer compensation or you can take the matter to court.
You should consult with Lawhive’s personal injury law experts and employer solicitors who can offer you personalised advice on specific circumstances. They will be able to help make sure you receive fair compensation from your employer for the injuries sustained in the workplace accident.