Claiming for an accident at work

by admin on May 21, 2010

If you have had an accident at work and it wasn’t your fault then chances are you will be able to claim compensation for your injuries and losses.

Accidents can happen for many reasons; it can be due to a lack of guards on a machine, you could slip on a spilt liquid, work equipment or protective clothing can be defective or inadequate, it can be even due to the negligent or dangerous behaviour of your workmates.

Whatever the reason you can look to claim for your injuries and losses.

What to do when you have an accident: 

Always report it straight away and make sure that it is entered into the accident book; all businesses are required to have an accident book; if there isn’t one make sure that all details of the accident are written down and signed as being accurate by both you and your foreman, HR rep etc. Just make sure it is someone with authority and who will be accountable for the report.

 

Get the names and details of any witnesses; if possible get a signed statement as soon as possible. This doesn’t have to be a formal legal document; just an accurate record of what they saw and what, if possible, what caused the accident.

 

If possible and appropriate get a photograph of whatever caused your accident.

 

Seek first aid and have it recorded or if more serious get yourself down to your local A&E. You will need to show that you suffered an injury and a record of your visit to the hospital will go a long way to support your claim.

 

A couple of things to note.

 

Your employer is responsible for the actions of your colleagues and workmates, this is known as vicarious liability, and so if a workmate pulls a stupid prank and you are injured then your employer may well be in line to pay you your compensation.

You may find that, after you lodge your claim, your employer will miraculously produce half a dozen statements; all the same, that holds you responsible for the accident. You may also find that once proceedings are issued, these witnesses fade into the background and their statements are withdrawn – drawn your own conclusions from that.

Machines and all equipment must always work; it doesn’t matter if a machine was inspected at 9.00 a.m. if it blows up at 9.30. a.m. and you are injured then you can make a claim.

If you have had an accident you can look to claim for: 

Injuries sustained including mental stress and trauma
Treatment costs such as physiotherapy etc.
Lost income
Care and Assistance from family and friends while you are recovering
Prejudice on the job market (known in the trade as a Smith v Manchester award)
Other losses arising as a result of the accident

If you have had an accident at work and want to claim the damages that you are entitled to then speak to a solicitor who knows what they are doing and has the knowledge and experience to deal with your claim.


About the Author:
Mike Massen is a practising solicitor with Gartons Solicitors Leeds – 0113 2310766, mmassen@gartonsolicitors.co.uk  www.gartonsolicitors.co.uk. Gartons provide quality legal service in the following areas: accident claims, buying and selling property,wills and probate, Lasting Powers of Attorney, criminal injury claims, sexual abuse claims. Gartons have particular expertise when dealing with dogbites and needlestick claims.
If you have found this article of interest please feel free to forward to other sites etc however I would ask that you give full credit to Gartons Solicitors for such, thank you.
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