What Are My Rights After Being Injured at Work?
Making A Workplace Injury Claim
After experiencing an accident in the workplace, you may feel unsure about what your legal rights to make a claim against your employer are. Well, according to the law, your employer has a duty of care towards all of their employees to ensure safety. To do this, they should ensure that any health and safety regulations that are relevant to your industry are followed.
There are different health and safety regulations for every industry. For example, if you work in a job that involves heavy lifting:
- Your employer should have provided you with manual handling training to ensure that you can complete such tasks safely.
- You should be given tools, such as a trolley, where necessary to assist you.
- You should be allowed to take rest breaks.
- Tasks should be swapped over between employees so that you are not performing the same manual handling movements for your whole shift.
If your employer has failed to provide any training or other necessary safety precautions and you have been injured in the workplace, you have a right to claim compensation.
If another employee’s negligent behaviour caused you to suffer an injury, you may also be able to claim compensation. Your employer should have procedures in place for if an accident occurs at work which includes having insurance. Therefore, your legal battle will be with your employer’s insurance company rather than with your employer.
Your employer can also not retaliate against you for making a claim. If your employer tried to fire you after making a claim, this would. Be grounds for a wrongful dismissal case and you could therefore take legal action against them. Therefore, you should not worry about your employer acting negatively towards you if you wish to pursue a claim. However, if they do act in a hostile manner towards you, you can also take legal action against them for this.
Amount of Compensation
The amount of compensation awarded is individual to each case. It is determined by assessing the individual details of the case, such as the pain and suffering that the injuries have caused. Similarly, compensation also assesses whether any loss of function has occurred due to the incident.
For example, if you are unable to complete tasks as you would prior to the incident then it may be possible to account for this through compensation. Compensation will also take financial losses into account. If you have had to pay for treatment, have lost income due to being unable to work or have incurred any other costs, then it may be possible to recuperate these through compensation. To view general compensation estimates for different injury types, visit our compensation calculator.
Making Personal Injury Claims
If you have suffered hearing loss due to conditions in the workplace, you may be entitled to compensation. First Personal Injury solicitors are available to assist you and ensure that you get the compensation you deserve.
First Personal Injury work with both families and individuals across England and Wales, leading them on their legal journey and helping them claim compensation after an accident or injury. Contact our specialist team to begin the claims process, either by phone on 0800 808 9740 or through our online form.