Understandably, some people worry about making a claim against their employer. As a result of this a number of people do not make otherwise valid claims and decide to suffer in silence with their injuries and the fallout.
If you are in a similar position there 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 it is as a result of (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 but also 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, benefiting you and others you work with
If your employer has an unsafe practice or system – which is often the reason the accident happens in the first place – it is important that they identify the problem which has compromised your health and well being. Your employer should be encouraged to ensure that necessary changes are made at work to reduce or (where possible) completely eliminate the risk of the 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, amongst other things, that if there is an accident, anyone injured can be taken care of appropriately. Your employer 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 are met by the insurer and are not coming out of your employers 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 have started your job on or after 6th April 2012), you may be able to bring a claim for unfair dismissal.
Ultimately the law protects you if you have suffered personal injury at work through an action or omission that was not your fault. We understand the detrimental impact an injury can have on your health, your daily life, your family and finances and we can help 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 team 0845 680 4571 today to find out, without obligation, whether or not this may be an option for you.