An accident at work can be extremely serious in many ways. It can often cause painful injuries which could take time to heal. However, afterwards things can be even worse as you have to face work again afterwards and this can be very difficult.
However, under the law it is possible to claim compensation from your employer if tehir negligence has led to you having an accident. They are responsible for you, when you are working for them and so if something happens which was their fault, then they have to pay.
There could be all manner of potential accidents such as problems with faulty equipment, falls, slips or stumbles and any of these things could pay out compensation as long as it could be proved the employer was negligent. There could also be trauma or psychological damage as well as a physical injury. It is therefore important to find a solicitor that you trust to help you with the personal injury claim as then you will be able to relax and leave them to get on with it.
An employer is legally responsible to look after their employees and that means that accidents should not occur. They have to make sure everything is safe, which may not always be easy or possible and this is why accidents take place. The law does state that things have to be reasonably safe and so the law will have to decide whether your situation would be considered to be unsafe or not. However, as long as the accident was not your fault, you should be able to claim compensation for it.
How Can I Prevent accidents in My Workplace?
You are not always able to stop an accident from happening. However, it is wise to do what you can by being careful and looking after yourself. If see any potential hazards in your workplace, then you should report them. The law does assume that workers are vigilant and do use their common sense to prevent accidents wherever they can. However, if there is an unpreventable accident then you can claim compensation from your employer for being negligent.
If an accident comes about and is no ones fault then there can be no blame and no compensation. But if someone is negligent and there is an accident as a result, whether that is a person or company then an employee could be able to get some compensation.
What Are the Health and Safety Laws?
An accident in the workplace can pose an employee with a problem. They may be able to make a claim against them if they think that hey were negligent. Understanding the health and safety laws can help a person to understand whether they have a case. It can be easier to ask a professional to help you because they already have a clear understanding of the laws. However, it can be useful knowing a bit yourself because you will know what responsibilities both you and your employer have.
The Health and Safety at Work Act 1974 has a selection of sections which mention how both employers and employees act. The employers need to care for their employees where reasonable and they need to make sure systems a safe, risks are low, training is given, access is safe and the working environment should not provide risks. It also says that employers should make sure their employees are not exposed to risks, especially visitors to that place of work who may not have had the same training as regular staff members.
There are also a selection of EU regulations as well and these are accepted by the UK. The regulations cover risk assessments of work places, use of equipment, reducing risk of injury, wearing protective clothing and prevention of RSI and other similar problems. Employees are bound by law to also make sure that they and their colleagues are safe.
Claiming Work Accident compensation
Sometimes these laws can be applied strictly but in some cases there is some discretion. If an employee has therefore had an accident in the workplace they can claim compensation on the grounds of negligence by their employer and the courts will decide whether they should be granted it.
There are certain things which need to have happened in order for compensation to be awarded. It is necessary to get professional legal advice and a claim must be made within three years of the injury happening. It has to be proved that the employer had responsibility for the employee at the time of the accident and that they had not shown due care.
Proving they breached their duty of care can be the most difficult bit. The courts can put many arguments for and against and every case differs. If the employer can prove that the employee should have foreseen the risk and therefore prevented it themselves, then they will look in to whether the lack of care caused the injury.
In order for the lawyer to put together a case it is necessary for them to understand the full extent of the injury, both physically and psychological and then the correct amount of damages can be sought after.