All employers have a duty to protect their workers, contractors and visitors from accident or injury.
They are obliged to inform you about health and safety issues and ensure you have the proper tools, safety equipment and clothing to carry out your duties.
All machinery must be regularly inspected and maintained and the workplace must be clean, tidy and free from hazards.
They are legally obliged to report certain accidents such as a death, major injury or one that stops an employee carrying out their duties for more than 3 days. They must pay you statutory sick pay, or contractual sick pay if that is in your contact of employment, and allow any necessary time off for a work related injury.
The employer should carry out a risk assessment to ensure that there are adequate first aiders on hand and what equipment and facilities should be available. They should also have Employer’s Liability Insurance.
All employers (except for very small companies) are legally obliged to keep an “accident book” into which all accidents are recorded.
This provides a record for the employee should he need time off work or pursues a claim for compensation and also enables the employer to see what is happening within his company and take any necessary action to prevent accidents in future.
Your employer is only obliged to pay Statutory Sick pay if you need to have time off work because of a work related accident. However, they may decide to pay extra depending upon the circumstances.
Making a claim for compensation
If you believe that your accident, and subsequent injury, was the fault of your employer, you may be entitled to compensation.
There are strict time limits in which you may make a claim for compensation of 3 years from the date of the accident.
You will need to employ a specialist personal injury lawyer unless you are a trade union member in which case you may be able to use their legal services.
What you need to record
If you have an accident, you should take the following actions:
- Make sure your injury is recorded in the “Accident Book”
- Make sure the accident has been reported
- Check your contract of employment for details regarding sick or accident pay
- If there are ongoing health and safety issues at work, point them out to your employer and if they are not dealt with, they should be reported
Funding your claim
We offer a full range of funding options including “No Win, No fee”, whereby you do not have to pay any upfront costs and there is nothing to pay should you lose the case.
Please click here for full details of all funding options.
What Thomas Dunton can do for you
At Thomas Dunton we have a dedicated team of specialist Personal Injury lawyers ready to help you.
Please click here to view 10 reasons why Thomas Dunton are ideally suited to represent you including full details of our free one hour interview where we can discuss your case, without obligation, and advise you on the best course of action to take.