Can I claim for an accident at work?

By 23rd October 2018 Accident Claims No Comments

Unfortunately, accidents at work do happen and injuries in a work environment can range from a scratch to broken bones, burns and sometimes, sadly, fatalities.

It’s not only the physical distress, but a work accident can also cause medical expenses and reduce your income.  Work accidents can have long-lasting consequences on your quality of life so it’s important to take the right legal advice to build a compelling case.

If you are involved in an accident at work and suffer from an injury, you might be able to claim for compensation.  We will take you through some important information to help you determine whether you are eligible to claim work injury compensation or not.

Are you eligible to make a work accident claim?

You are eligible to make an accident at work claim if you have been injured due to an employer’s negligence. It always depends on the circumstances, but in some instances, you may be able to claim even if you caused the accident and if your injuries were made worse because of faulty equipment in the work place.

What are my rights?

As the law stands, your employer has a legal responsibility to keep you safe while you are at work. The legal clause states that all businesses must hold insurance – Employer’s Liability Insurance – and conform to Health & Safety regulations to ensure that they meet those guidelines.

In other words your employer has a responsibly to provide a safe working environment, provide you with suitable protective equipment, undertake risk assessments and make sure you are trained properly.

What can I make a claim for?

As mentioned above you can suffer any injury at work but here are some more common reasons:

  • Industrial accidents
  • Slips, trips and falls
  • Falling from ladders, scaffolding, roofs, or other places at height
  • Repetitive strain injury
  • Industrial deafness
  • Eye strain, headaches and chemical burns.
  • Accidents due to poorly maintained equipment.
  • Insufficient training
  • Non- adherence to Health and Safety regulations

What is the time limit?

In the UK the standard time limit for starting a workplace accident claim is three years from the date you were injured. If you do not initiate any legal proceedings within the three years’ time limit, your case could be stopped, and you might not be able to get any compensation.

However, there are some exceptions to this time limit:

  • Exposure to asbestos: When exposed to asbestos you might not find out for many years later that you have contracted mesothelioma – in this case the time limit can be longer.
  • Mental capacity: If your loved one no longer has the mental capacity to claim for themselves, then there is no time limit to make the claim.
  • Defective work equipment: if your injury was caused by poorly maintained equipment while at work, then the time limit can be longer.

Every personal injury case is different and has its own circumstances, with that said, every case can be treated differently, and the time limit can be changed depending on the situation.

What should I do right after the accident?

Falling a victim to an accident at work can be very stressful and confusing at the same time, which can make it really hard to make any clear decisions or even know what to do. Here are some tips on what to do after you have had an accident at work:

  1. Go to the hospital. It’s important to get all the facts right and by visiting the doctor many times during your recovery you will not only get more information about your injuries, but it’s also a way of keeping track of the lasting period that your injuries affected you for. It’s important to keep an up-to-date list of all your symptoms even if the doctor has recorded all your symptoms.  What might seem a minor injury can turn into a long-term condition that if the doctor didn’t record at the time, it will be difficult to connect the injury to the accident.
  1. Keep a record of your expenses and losses. If, for example, you lost a pay due to your work accident then you should be able to recover that pay. It’s vital to record all of your losses, expenses and receipts as they occur and give your lawyer as much information as possible.
  1. Speak to one of our experienced lawyers. We’re pretty sure that, thanks to the huge number of advertising campaigns for “No Win No Fee”, you will know that if you have been involved in an accident in the last 3 years that wasn’t your fault, you may be entitled to compensation for any injuries and financial losses you have suffered. Our concern with these advertising campaigns is that they can leave people feeling more like a commodity and not an individual. At DMA Law we believe no two claims are alike – because no two clients are alike.

 

Please give us a call or fill in the contact box and we will get in touch. We look forward to getting to know you and helping you with your claim.