How To Claim an Accident at Work? | A Complete Legal Guide

Some Accident at Work Claims We Can Help With

 

Introduction

Having an accident at work can be both distressing and disruptive to your normal, working life. In this article, we aim to clarify what you should do if you find yourself in such an unfortunate situation. We will guide you through the necessary actions to protect your rights and outline the potential legal routes you can pursue to claim compensation.

 

What to Do After a Workplace Accident

Medical Attention

If you’ve sustained any injuries, you should seek medical care immediately. Your health should be your top priority, and medical records will serve as important evidence should you decide to pursue a claim.

Report Your Workplace Accident

It’s crucial to report the accident to your employer as soon as possible. You should use your workplace’s official channels such as the accident book or an incident report form. This documentation is vital for any future claims or investigations that you may undertake.

Gather Any Relevant Evidence

  • Take clear photos of the accident scene and any hazards that contributed to the incident.
  • Photograph your injuries to document the extent of your harm.
  • Avoid discussions where you might inadvertently accept fault for the incident.

 

Consult With Your Union

If you are a member of a union, it will be beneficial to discuss the next steps with your representative. They can provide you with advice and support that is tailored to your specific situation.

 


Can I Be Fired After Having an Accident at Work?

After an accident at work, many clients ask if their employment security will be at risk. Understanding your rights in this scenario is crucial:

  • Complete Negligence: If an employer can prove the accident was solely your fault, they may have grounds for dismissal.
  • Partial Fault: However, if the accident was a result of both your actions and some negligence on the part of your employer, you might have a case to challenge any dismissal.
  • Unfair Dismissal: Should you be terminated for an accident where you were not at fault, this could constitute unfair dismissal, giving you grounds for legal action.

It is important for employees to know their rights and the protections available under employment law.

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Will I Get Sick Pay After an Accident at Work?

After an accident at work, understanding your entitlements regarding sick pay is essential, Here’s what you should consider:

Check Your Contract: Your employment contract should specify your entitlement to sick pay. It’s important to know whether you are covered by Statutory Sick Pay (SSP) or if your employer provides a higher rate of contractual sick pay.

Statutory Sick Pay (SSP): As a minimum, you might be entitled to SSP if you’re unable to work due to your injuries. Check the specific terms outlined in your contract or employee handbook.

Union Support: If there are discrepancies or disputes regarding your sick pay, contacting your union or legal representative, can be beneficial. They can provide guidance and help in negotiating with your employer.

Understanding these details ensures you are fully aware of your financial support options while you recover from an injury.

 


Can I Claim Compensation for an Accident at Work?

If you’ve suffered an injury at work due to your employer’s negligence, you may have the right to claim compensation. Some of your rights include:

Employer’s Duty of Care: Your employer is legally required to provide a safe working environment. Failure to do so, which may contribute to an accident, breaches this duty.

Compensation Entitlement:

  • You are entitled to compensation if the injury resulted from employer negligence.
  • Filing a claim should not lead to discrimination or retaliation from your employer.
  • Most employers are insured for such claims, which means insurance covers the compensation and legal costs.

No Financial Charge: Many employees worry about the impact of their claim on the company, especially in smaller businesses. However, employer liability insurance is designed to handle such situations without directly affecting the company’s finances.

It is crucial for employees to exercise their right to safe working conditions and seek redress when this is compromised.

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How Much Does It Cost to Make a Claim?

Understanding the financial implications of making a workplace accident claim is critical for many employees. Here are the options available to you:

Trade Union Members: If you are a member of a trade union, you might be eligible to make a claim at no cost. Trade unions often provide legal support as part of their membership benefits.

No Win, No Fee Arrangements: For those not in a union, our solicitors offer ‘no win, no fee’ arrangements. This means you do not have to pay our solicitors any upfront legal fees. Instead, your solicitor will take a percentage of the compensation awarded if the claim is successful.

Variations in Legal Fees: It’s important to note that the terms of ‘no win, no fee’ agreements can vary significantly between law firms. Be sure to understand the specifics of any agreement before proceeding.

At Primus Solicitors, we offer tailored legal services to both unionised and non-unionised workers, ensuring that everyone, who has suffered a workplace accident, has access to legal support without the burden of undue costs.

 

Conclusion

To wrap up, understanding your rights following a workplace accident is paramount. From knowing how to report the accident and securing your medical and financial needs, to understanding your rights regarding employment and compensation claims, each step is crucial. We encourage anyone who has experienced a workplace accident to seek comprehensive legal advice to navigate these complex issues effectively.

For further guidance and support o how to claim compensation for your accident at work, please contact our personal injury solicitors directly