Accident at work compensation claims

This type of claim relates to accidents which occur in the workplace or during the course of a claimant’s employment. Employers are obliged to ensure that your workplace is safe for their employees and to ensure that the risk of accidents is kept to a minimum.

The regulations are wide ranging and it is likely that any injury sustained whilst in the course of your employment could give rise to a claim for compensation even if the accident and subsequent injuries were caused by a co-worker or visitor to the workplace.

If you have had an accident at work within the last 3 years and it can be proven that your employer has breached any of the duties owed to you then it is possible to make a claim for compensation. Damages based on your injury and other factors such as lost income may be awarded.

Most work accidents are as a result of slips and falls on work premises or injuries sustained whilst handling heavy items. A certain amount of claims arise out of injuries caused by defective and dangerous equipment or because of fundamentally dangerous work processes often associated with a lack of proper supervision and training. See the links below for the most common work accident claim scenarios

All accidents must be reported to either a supervisor or the member of staff responsible for health and safety. An entry must then be made in the ‘accident book’. Employers are obliged by law to keep an accident book and to ensure all reported accidents are entered in it. Furthermore all workplace accidents must be reported to the health and safety department of the local council. You should of course also seek immediate treatment from the nominated first aider who will then assess if you require hospital treatment.

The next step is for you to fill in the accident at work section of the claim assessment form and within 24 hours one of our solicitors will contact you to fully assess your claim.

Some employers are happy to pay a worker full pay if he/she is unable to work as a direct result of an accident which occurred at work. However the majority of employers do not wish to do so and an injured person is often only able to claim statutory sick pay. It is therefore vital that a claim is made not just in relation to the injuries but also to claim compensation for any lost earnings. See our Personal Injury Compensation Guide for more information about injury awards.
It is worth noting that an accident claim for compensation can be made even if an employee is not employed on a permanent basis. Casual, contract and part-time workers are afforded the same legal rights as permanent employees.

All Employers in the UK and Europe are obliged to conform with numerous legal rules and regulations designed to keep their workers safe and well whilst in the course of their working day. Accident claims tend to arise where the rules have not been followed and this breach has then caused a worker to have an unnecessary accident. Below is listed the main legislation in this area which sets out the main responsibilities of employers in general.

The Health & Safety at Work Act 1974
This legislation provides the overall legal framework. It states that it is the primary duty of all employers to provide the following as a minimum standard:

Safe equipment and systems of work.
Safe handling, storage and transportation of substances.
A safe place of work.
Welfare facilities.
Information, Instruction, Training.
Personal Protective Equipment.

The Manual Handling Operations Regulations 1992
So far as is reasonably practicable, employers should avoid the need for employees to manually handle loads at work which involve a risk of being injured.

The Personal Protective Equipment at Work Regulations 1992
Employers must provide suitable Personal Protective Equipment, and the equipment must be maintained. Employees must report damaged or missing Personal Protective Equipment. If an employee sustains an accident at work and it can be proven that the employer has breached any of the duties under the act then it is possible for a claim for compensation to be made by the injured party. Damages based on the injury and other factors may be awarded.

The Provision & Use of Work Equipment Act 1998
Work equipment must be suitable for the purpose it is used for.
Equipment must be properly maintained, and a log must be kept of all equipment. Employees and supervisors must be trained in Health & Safety.