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Learn How to Cope with Accidents at Work Taking the Legal Route

It falls among the general duties of the employers to protect their employees at workplaces as well as informing them about the safety issues. They also need to arrange necessary training for the employees. It is mandatory for them to report any accident at work to concerned authorities. But not all employers adhere to these basic norms and hardly meet their responsibilities. As a result, the workers are endangered, injured and killed in cases. If you feel that the accident you faced recently at your workplace was a sheer outcome of your accident at workemployer’s irresponsible acts and lack of infrastructure and training at your workplace, you can file a lawsuit against the employer. As a general rule, your employer must allocate you sick pay in case you got incapacitated due to the workplace accident.

What accidents employers need to report?

The employer or any other concerned authority is obligated to document all sorts of workplace accidents. Fatal accidents and severe injuries must be reported by the employer. If the employee is suffering from industrial diseases, the employer must report it as well. Near escape cases must be reported as well. Reporting of gas accidents is also imperative but the requirements are different. If the employee was admitted to hospital more than twenty four hours, the employer must bring it to the notice of the Health and Safety Executive. Therefore, it is your prime responsibility of report the accident at work you have faced to your organization’s HR department in order to prepare the groundwork for filing a compensation claim.

What are your employer’s responsibilities?

Every employer in the UK is expected to follow some basic health and safety guidelines in order to ensure maximum safety for the employees and avoid office accidents. Here is a bulleted list of the general duties and responsibilities of an average British employer.

  • Ensure workplace safety
  • Put off all sorts of risks to employee health
  • Ensure that the workplace equipments are all in sound condition and safe to use
  • Ensure that all the workplace materials are handles in a safe manner
  • Arrange for proper first-aid facilities
  • Provide necessary training and deploy supervisory

Sick pay-Are you eligible?

Even if you do not make an accident at work compensation claim against your employer, you are entitled to get statutory sick pay from your employer. Many organizations have certain policies to award extra recompense for the workplace accident victims. If you are incapacitated for more than four days to travel to your workplace and work, you may become entitled to statutory sick pay. National holidays, weekends and bank holidays are also counted in this regard. You should check with your company’s HR department about the statutory sick benefits.

Work accident compensation-Are you eligible?

Whether or not you are eligible to make a compensation claim is determined by several factors. The general rule is, you have to make a claim within three accident at workyears from the date of accident. In case you are not a member of any trade union, you can get in touch with a personal injury solicitor. Your employer is bound to give you their insurance details in case you want to file a claim. But before that, you should talk to an accident at work compensation expert to know whether your case has enough potential to fetch you the compensatory benefits. A detailed description on how to make a claim for workplace accident is laid down here below.

The documentation part

As mentioned earlier, you need to report the accident to your employer. It must be recorded in your organization’s accident log book. Check whether the employer has reported the accident to the Health and Safety Executive. If not, request your employer to report the same as soon as possible. If the employer does not pay heed to your appeal, feel free to contact with the HSE on yourself. Check the terms and conditions of your employment with the company to find the sick pay terms and conditions. Take photographs of your injuries and seek medical attention immediately after the accident. Collect the contact details of the eyewitnesses and ask for their statement after sustaining your injuries. Prepare a brief report on the accident at work and state why you think that your employer was responsible for the accident.

Finding a compensation claim lawyer

It is not difficult to find solicitor agency contact details on the internet. Firstly, there are local business directories where almost every business is listed. And then there are these solicitor websites that echo almost the same sales pitch. But good solicitor agencies are really hard to find. You need to visit the Ministry of Justice official website which serves as the most authentic resource in this regard. Alternatively, you can visit the Directgov website to find the contact details of the local solicitor agencies that are trustworthy and efficient in nature.

Once you find a good solicitor

Brief him how the accident at work happened. Your report should include exact date and time of the accident, who were there at the spot, whether you contacted your employer or not, whether the insurance agency of your organization contacted you, whether you are a part of any trade union etc. You also need to show the photographs of your injury to the lawyer and show all the other pertinent medical documents. Once the work accident solicitor gets all these details, it would be easier for him to represent you at the court. The solicitor might ask for your insurance details and the insurance details of your employer as well. Assist him with providing all these details and you will near the probability of winning the case. However, it is also important to contact the eyewitnesses. How to convince them? Just read on.

Contacting and persuading the witnesses

The eyewitnesses may be unwilling to take your side. But it is your duty to make them aware of the statutory laws. You need to convince them that taking your side would not affect their employment with the company. If required, ask your accident at work claim solicitor to talk to the eyewitnesses in order to convince them. In case any of your colleagues was involved and injured in the same accident, it becomes easier to get the witnesses on your side. If you were the lone victim of the accident, you should use your persuasive skills to get the witnesses on your side. However, it is important to make people aware that their employment would not be at stake in case they support your case at the court. In fact, the employers cannot do that in any case. Once you get all the witnesses roped in, collect their statements and request them to be present at the court during the proceedings.

The way a workplace accident compensation claim case proceeds

Accident at work compensation solicitors generally dig into the old cases that were awarded with compensatory benefits in favor of the claimants and use those cases as cases in point. Whether the claimant is eligible to get compensatory benefits or not is decided on the basis of these old verdicts only. On the other hand, if the jurist deems that an amendment is required of the present laws, he may notify the concerned authority about the same and if it is approved, your case would be counted exemplary in future compensation claim cases. However, the court is likely to check all the pertinent documents hence you have to arrange all these things prior to going to the court.

Your solicitor’s role

An accident at work solicitor must assist you in arranging documents and evidences, contacting with the witnesses and everything else required for accident at workmaking a claim. Good personal injury solicitors always get in contact with the clients at their own expenses and keeping in mind the convenience of the clients as well. For example, if you are admitted to a hospital, the solicitor may meet you there only if you find it more convenient. He will do the necessary paperwork as well so that you make a compensation claim for the construction accident you faced or the industrial disease you are suffering from. Some solicitors take up the responsibility of dealing with the insurers of the clients and the insurers of the defendants as well. Of course, not all the solicitors offer comprehensive services. Only a select few extend their services to facilitate their clients.

About the no win no fee agreements                

You must have heard about no win no fee solicitors but do not have a clear perception about how these solicitors work. Well, an accident at work claim solicitor who works on a no win no fee basis works on a set of conditions. First, you need to bear any expenses related to making a claim. Secondly, you have to pay the solicitor’s fees only if you win the case. All these terms and conditions are stated in detail within a no win no fee agreement or Conditional Fee Agreement.

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