Injured at work? Worried about making a claim against your employer? These are the facts you need to know.

Understandably, some people worry about making a claim against their employer.  As a result of this, too many people do not make otherwise valid claims and decide to suffer in silence from their injuries.

If you are in a similar position, here are a few points to consider:-

1. Your employer has a legal duty to ensure your safety 

If you are injured while you are working and it is not your fault, regardless of what caused the accident (e.g. faulty machinery, a lack of protective clothing, the error of a colleague or a slip or fall), the law ensures that you are protected.  You are entitled to be restored to the position you were in before the accident.  This could be through a compensation payment, or from rehabilitative treatment to improve your health to reimbursing you for a loss of earnings following a period of absence from work.

2. Your claim could result in remedial action that would benefit both you and others with whom you work 

If your employer has an unsafe practice or system — which is often the reason why accidents happen in the first place — it is important that the problem which has compromised your health and well-being is identified.  Your employer should be encouraged to ensure that the necessary changes are made at work to reduce, or (where possible) completely eliminate, the risk of the same accident happening again.  You can feel safer at work, and your colleagues will also have the level of protection they deserve.

3. The claim is dealt with by an insurance company, not your employer 

All employers are required to take out liability insurance to ensure that, among other things, if there is an accident, anyone injured can be taken care of appropriately.  Your employers should simply forward the details of the accident to their insurance company who are then responsible for dealing with the claim.  So, if your claim is successful, the costs will be met by the insurer and will not come out of your employer’s pocket.

4. Protection against dismissal

Your employer should not attempt to dismiss you from your job on the basis that you have made a valid claim.  If you have been with your employer for more than one year (or two years, if you started your job on or after 6th April 2012), you can investigate bringing a claim for unfair dismissal.

In summary:

Ultimately, the law protects you if you have suffered personal injury at work through an action or omission that was not your fault.  You are entitled to feel safe at work, and you should not have to be concerned with the cost of medical bills or losing out on your wages or a hard-earned bonus.  In certain cases, people do not realise that the injuries they have sustained may have a long-term impact on their health years after they have left their job.  Remember: you have only three years from the date of the accident to make a claim and investigate your injuries, so the longer you delay, the more you run the risk of losing out.

Whether the injuries were short-lived, long-term or an exacerbation of an existing condition, we understand the detrimental impact it can have on your health, your daily life, your family and your finances.  We can help you to obtain compensation for that loss.

If you have been injured in the last three years as a result of an accident which was not your fault, you may be entitled to make a claim.  Call our experienced Personal Injury team today to find out, without obligation, whether or not this may be an option for you.  If so, we can deal with your claim on a ‘no win, no fee’ basis.

Sarina Clayton

 Sarina is currently a trainee solicitor in the Personal Injury team.  She assists Tony Tollinton with claims against employers on a ‘no win, no fee’ basis.