Accidents happen; it’s a simple fact of life. Sometimes it simply doesn’t matter how many safety precautions have been put in place there is always someone who will find a way of hurting themselves without really trying, which in turn leads to new safety measures being put in place to stop the same thing ever happening again. But what happens to the person that has been hurt?
They may be unable to work due to the injury that they have obtained, or suffered other consequences that require some form of compensation. Are they within their right to make a claim against the owners/operators of the place where the accident happened? Accident at work claims should not be made lightly and a claimant should ensure that it was not merely a case of their own negligence which led to the accident in the first place as this may lead to abuse of the legal claims system.
Accidents at Work
All employers are required by law to ensure that they provide a workplace that is safe for their employees. This means that if someone is injured whilst in the workplace as a result of negligence they are within their human rights to make a legal claim for compensation and should seek advice from a qualified legal professional who specialises in such injury or accident at work claims. There are a number of basic safety requirements that need to be in place to ensure an employee’s safety at work and it is when these have not been followed that claims can arise.
For example, all employees should be fully trained and qualified to perform the job that they have been asked to do and also fully aware of any safety precautions that they need to take. Where necessary all employees should be provided with the safety or protective equipment that they need in order to carry out their job. Procedures relating to health and safety in the workplace should be displayed clearly and there should be an accident book where all accidents and even minor injuries are reported. Failure by any employer to comply with these regulations can lead to them being prosecuted and being held accountable for any workplace injuries that occur.
Be Aware of Your Rights
As an employee you should also be fully aware of your rights. It is imperative that you comply with all of the health and safety regulations and information provided by your employer and should an accident occur or should you sustain an injury you need to know whether you are in the position of being able to make a claim against the employer. There are a number of basis on which action can be taken for instance you can make a claim for any emotional suffering that has been caused or any physical injury or hurt. Of course you would need to be able to prove all of the claims that you are making, especially if you are claiming that they were sustained as a result of your employers negligent actions.
Any compensation that is awarded would take into consideration any loss of earnings sustained as well as reparation for the injuries and suffering caused. There are also other expenses to be considered in the claim too such as travel expenses to the hospital or to treatment clinics, prescription/medication costs or other out of pocket expenses. With so many aspects to a claim, it is important to employ the services of a professional accident claim solicitor.
Check for Blame
It is vitally important that before any claim against your employer is made that you check to ensure that they really can be held accountable and are to blame for what has happened. You should speak with the person in charge of health and safety at your place of work in order to establish negligence, with the information that you receive from them and with the expert advice of your legal advisor you should have a reasonably good idea of whether or not you have a valid claim against your employer. If it is deemed that you do have a valid claim you should seek out people at work who may have witnessed the incident that will be willing to make a statement about what they saw or heard, what the environment was like in which you were working and anything else that is legally pertinent to your case as it may help you when the case comes to court; this needs to be first-hand information though, not hearsay or gossip. The more solid evidence that you have on your side illustrating what has happened, things like photographs of injuries sustained or images of the place the accident occurred etc. are all vital pieces of information that should be added to your claim portfolio.
Injuries in the workplace as a result of employer negligence are just one type of accident claims that are presented to legal advisors every day. It is imperative that you are aware of your human right to make a claim for something which was the result of the negligence of someone else.