Employers have a duty to take reasonable care of your health and safety. This includes maintaining safe building premises and equipment and providing a safe system of work. Employers should undertake risk assessments and provide suitable training and PPE where necessary.
Many types of injury can occur in accidents at work, including but not limited to:
- Head and brain injuries
- Spinal cord injuries
- Amputations
- Orthopaedic injuries
- Blindness
- Hearing loss
- Burns and scarring
- Chronic pain conditions
- Post-Traumatic Stress Disorder
I’ve suffered a serious injury in an accident at work. What should I do?
The first thing you should do is seek immediate medical attention. Most employers will have a dedicated first aider who should provide you with immediate assistance and advise whether you need to attend the hospital. If necessary, they should arrange for an ambulance and wait with you until it arrives.
You should ensure that details about your accident are included in your employer’s accident book. If they do not have one, you should ensure that your line manager or HR department are given details of your accident in writing.
As soon as reasonably practicable after your accident, gather as much information as possible about what happened. If you can, take clear photographs of what caused the accident and obtain contact details of any potential witnesses. It may also be helpful to make notes or draw diagrams whilst your memory is still fresh.
Try to keep receipts of any out-of-pocket expenses you suffer as a result of the accident, such as travel expenses or prescription charges.
Should I bring a personal injury claim?
If your accident was caused due to a failure of your employer to take reasonable care of your health and safety, you may be entitled to compensation.
Employers are legally required to have adequate employer’s liability insurance, so any money you receive will not be coming directly out of their pocket. It is what their insurance is there for.
Following a serious accident, you may need medical treatment and rehabilitation to recover. You may struggle with day-to-day activities and you may find that you are unable to work or your ability to undertake certain duties at work has been affected.
The aim of personal injury compensation is to put you back, or as close as possible, to the position you would have been in but for the accident. It is divided into two categories: General Damages and Special Damages.
General Damages compensate you for your pain and suffering as well as the effect on your quality of life (known as “loss of amenity”).
Special Damages compensate for financial losses, whether these have already been incurred or will be incurred in the future. Special Damages cover things such as: travel expenses, loss of earnings, the cost of private medical care, the cost of care and assistance (including by friends and family), the cost of aids and equipment and the cost of adaptations to your car or home.
Over the years, our team has helped many clients who have suffered life-changing injuries to successfully obtain the rehabilitation and compensation they need to rebuild their life after an accident at work. Holding employers to account for health and safety failures also leads to lessons learned, so that improvements can be made and further accidents avoided in the future.
I may have been partly at fault for my accident. Am I still able to bring a claim?
Employees do have a duty to take reasonable care of their own health and safety, such as using equipment in accordance with training and instructions. If you are partly to blame for the accident, you may still be able to bring a claim, but your compensation may be reduced. We will advise you about this, should the circumstances arise.
Is there a time limit for making a claim?
There are strict time-limits for bringing personal injury claims. If you are over the age of 18, then there is a 3-year time limit from the date of the accident. If you are under the age of 18 then there is a 3-year time limit running from the date of your 18th Birthday.
It is best to instruct a specialist Solicitor as soon as possible, so that they can interview any witnesses and obtain evidence which will help you to prove your claim.
If you or someone you know has suffered an accident at work and would like to discuss it with us, please don’t hesitate to get in contact by calling 0114 218 4000 or emailing info@tayloremmet.co.uk.
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