Claiming For An Injury At Work

Claiming for a injury at work

If you’ve been injured at work, you may be entitled to make a claim against your employer. With a high occurrence of injuries in the workplace, procedures have to be in place. However, many employees may fear making a claim due to the potential repercussions of their actions. There’s always the thought that if you say anything, for example you may get passed over for a promotion. This shouldn’t be the case. If you’re entitled to make a claim, you should make sure you do so.

Employer’s Liability Insurance

It’s illegal for your employer not to have this form of insurance in place. Employers’ liability insurance will cover the cost of a compensation claim for injury at work, so don’t be afraid to take the step to make a claim.

If you’re injured at work you should ensure this is recorded in the company’s accident book – all company’s employing over 10 people should have one. If you miss any work as a result of your injuries it’s also vitally important that you make sure you are provided with statutory sick pay.

Employer’s responsibility

It’s your employer’s responsibility to safeguard your health and to make you aware of any potential hazards at work, as well as giving adequate training. If they fail to do so they open themselves up to both criminal and civil action – the latter giving you the basis for a claim.

The success of you securing compensation is likely to hinge on whether you can prove your employer was negligent. As an employer they must provide:

• Safe premises in which to work
• Safe working procedure
• Suitable materials and equipment, with adequate supervision
• Adequate training
• Competent staff¹

If they are negligent in one or more of these duties, causing your injury, you have the basis for a claim.

How to make a claim

The initial stage of your claim must be in the form of a letter from your solicitor to your employer. Included within this letter will be your full name, address and national insurance number, as well as a description of the incident and why you think your employer is responsible. Your solicitor will make reference to the relevant law here and provide information on your injuries – both physical and psychological – and any financial problems you may have suffered following the accident. Documentation from your employer relating to the incident may be needed too – they are obliged to provide this to your legal team.

Taking your claim to court

This should be your last resort, but may well be necessary if your letter is not successful. To issue proceedings with the court, your legal team will complete a number of documents on your behalf as well as providing the courts will a full medical report. A court fee will also be included at this stage.

¹The Workplace (Health, Safety and Welfare) Regulations 1992 http://www.legislation.gov.uk/uksi/1992/3004/contents/made