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Work Related Accidents Claim

What Constitutes a Work Related Accidents Claim

A work related accidents claim can arise after you or a loved one have sustained an injury at work due to the negligence of an employer or somebody who is acting on behalf of an employer. A work related accidents claim can originate from many different scenarios, but the most frequent are where you may have slipped and fallen in the workplace or injured yourself through manually handling an object.

Although these examples are the most common reasons for a work related accidents claim, an employer has an obligation under the Health and Safety at Work Act (1974 and subsequent amendments) to provide you with a safe environment in which to work. Consequently any injury which you sustain in the workplace – for which you are not wholly to blame — can be reason to make a work related accidents claim.

Work Related Accidents Claim and Negligence

For a work related accidents claim to be successful, you (or a solicitor acting on your behalf) has to show that you suffered an injury, and that the injury was due to an employer´s “lack of care”. Your medical records will provide the proof a solicitor needs to show injury, but determining negligence, and what proportion of it should be applied to the employer, is often a complicated issue.

The two examples of work related accidents above are often the most difficult type of work related accidents claim to pursue because an employer could counter claim that you slipped a hazard which “somebody could reasonably avoided” or developed a musculoskeletal injury by your own negligence when lifting an heavy or awkward object. Therefore, there are certain steps you should take when you or a loved one has been injured at work and are considering a work related accidents claim.

Steps Prior to Making a Work Related Accidents Claim

First, it is essential that you see a doctor. If your injury is severe, there is no doubt that this would happen as a matter of course, but when you have sustained an injury which you think may wear off after a couple of days rest, it is also important that you have a medical examination as soon as possible after the event — not only for the good of your health, but because an employer could claim that you exacerbated the injury between the time that your work related accident occurred and when your injury was diagnosed.

Secondly, you should discuss your entitlement to make a work related accidents claim with an experience work injury solicitor. Once you have explained the circumstances surrounding your work related accident, the solicitor will establish whether you have a work related accidents claim which is worth your while to pursue and give you an idea about how much you should receive in compensation. This second factor is very important in the event that you are approached by the employer´s public liability insurance provider with an offer of early settlement. To accept an inappropriate settlement may leave you undercompensated and financially at risk in the future.

Thirdly – and a solicitor may be able to do this on your behalf depending on your personal circumstances — collect evidence to strengthen the case against your employer. Evidence can include photographic evidence of how your work related accident occurred and witness statements from work colleagues that saw your work related accident happen. You (or your solicitor) should also ensure that a report of the work related accident is recorded in your employer´s “Accident Report Book” and that the Health and Safety Executive are informed of your injury in order that they might instigate an investigation.

Avoiding Conflict after a Work Related Accidents Claim

Some people who are injured in the workplace refrain from making a work related accidents claim for fear of damaging a long-established working relationship or jeopardising future employment prospects. Most employers are genuinely distressed that an employee has been injured due to their lack of care and will often help in any way they can. Unfortunately, there are a few who do not feel this way and you are protected by law from any adverse effects to your employment status when making a claim for work related accidents.

Indeed, it is your employer´s public liability insurance provider who settles any claim made against the employer, and this is one of the most important reasons why you should seek professional legal advice at an early stage. Where an employer acknowledges his negligence immediately, an insurance company may approach you with an offer while you are still recovering from your injuries and possibly in a confused or emotional state. This offer is likely to be far less than you would receive if your solicitor prepared a work related accidents claim on your behalf and, if you have spoken with an experienced work injury solicitor by this stage, you are assured of getting a fair and adequate settlement.

Free Work Related Accidents Claim Advice

If you or a loved one has sustained an injury at work, and you would like some free professional legal advice about your entitlement to claim for work related accidents, you are invited to call our free work injury claim advice service. Our service enables you to discuss with a solicitor the circumstances surrounding your injury, how they affected your quality of life and what impact they have had on you financially.

Our lines are open from 8.00am to 10.00pm seven days a week and you are under no obligation to proceed with a work related accidents claim once you have spoken with us. All calls to our free work injury claim advice service are naturally confidential, and we also operate a call-back service if you would like to speak with you or a loved one at a specific time. Our service will give you all the impartial and practical advice you need to enable you to focus on making a recovery from your work related injury without the anxiety of money or work.