For an infographic on this topic, please refer to our “Are You Eligible To Make An Accident At Work Claim?”
Whilst employees are under the legal obligation to ensure the safety of all its employees, unfortunately accidents can occur. If an accident does have and it was due to negligence from your employer you should seek professional help in order to see what your options are.
There is a 3 year window to make a claim from an accident at work, it begins when the accident occurs or when you realise that the accident is work related.
Some common accidents that can happen at work include slips and trips, machinery malfunctioning, a lack of health and safety training
Step 1 – Report it to your employer
When an accident occurs in the work place it’s crucial that you report it in the accidents book but because some businesses do not always have an accidents book, you’ll need to document the accident in detail and send a copy of it to your employer.
Step 2 – Seek medical attention
Go see a doctor. Depending the circumstances, this might be the first step. Please ensure that you seek medical attention if the injury warrants it.
Step 3 – Check to see if there were witnesses
If there were witnesses to your accident it could really help your situation if you were able to get their name and contact details. This would be very useful as your solicitors or legal advisor would be able to contact them in case they saw something different that could help your case.
Step 4 – Take pictures or videos is possible
If possible, take photographs or a video of the scene where the accident took place as this could really help your claim against your employer.
Step 5 – Check to see if you’re a member of a trade union
If you’re a member of a trade union, you might be entitled to reduced legal costs so before you get in contact with a solicitor, this way you’ll feel a lot more comfortable about the situation and it will be less daunting.
Step 6 – Seek legal advice
Get legal advice. You should now approach a solicitor and explain the situation. It’s good to be prepared with thorough details of your accident. You’ll be asked to supply the date of the injury, comprehensive details of the accident, contact details of all the witnesses, insurance documents, and finally proof of earnings to determine how much you lost due to the accident. If you’re in Liverpool, Wigan or any of the surrounding areas, Tranter Cleere will happily discuss your claim with you.
The Accident At Work Claims Process
After the phone call with your solicitor they will get in touch with your employer or your insurance company. The employer will then get in touch with their own insurance company in order to assess the claim, this can sometimes take a while. Your employer will either deny the claim you’ve made against them or they will accept it, taking responsibility and blame for the accident. If this is the case, it will more often than not be settled outside of court. If your employer refuses to take responsibility for the accident, it can then go to court and your solicitors can help you fight your case.
Many people assume that their employer could fire them if they make a claim against them. This is incorrect and in the unlikely case that you were dismissed from work, you’ll be able to pursue further legal action for unfair dismissal.
You should only go back to work once you’re fully recovered, even if you’re being pressured by your employer to return. It’s important to keep you employer updated on your current situation so that they don’t feel out of the loop, at the end of the day they will likely have an interest in your well being and not communicating with them could prove problematic further down the road.
You can claim for just more than the injury you received, you’ll also be able to claim any lost earnings that you may have incurred during your time off.