Not so safe at work - compensation for an accident at work
Despite the UK’s extensive health and safety legislation lots of people still suffer a serious injury at their place of work.
The industries where accidents are statistically most likely to occur are manufacturing, construction, transportation and warehousing. However, accidents can happen in any working environment and an assistant director on the James Bond films was crushed on the set of Spectre. His injury has left him unable to work, and he is seeking £2.5 million in compensation for his suffering, medical costs and his future loss of earnings.
Figures from the Health and Safety Executive show that the number of injuries in the workplace last year totalled over 70,000 and 137 workers tragically lost their lives.
Employers have a duty of care
‘Compliance with health and safety legislation should be a priority for any business owner’, says Katherine Flashman Kitson, Director of Litigation at Parnalls Solicitors. Failure to have correct procedures and protections in place could land those responsible in prison if workers are injured or killed as a result.’
Your employer has a statutory duty to protect the health, safety and welfare of employees and others who may be affected by their acts or omissions, and there is a comprehensive framework of legislation to protect workers.
For example, the Management of Health and Safety at Work Regulations 1999 require employers to carry out risk assessments and provide employees with information and training on occupational health and safety. A written health and safety policy must also be provided. The Workplace (Health, Safety and Welfare) Regulations 1992 impose minimum safety standards in relation to lighting, heating, ventilation, workspaces, staff facilities and passageways.
However, accidents do happen in a wide range of circumstances such as:
- injuries caused by lack of training in regard to manual handling, lifting or carrying;
- slips, trips, falls caused by defective flooring or unmarked hazards;
- being struck by a moving object such as a forklift truck;
- falls from scaffolding and ladders; and injuries caused by machinery and power tools;
- burns, scalds, cold/freezing injuries;
- skin damage and allergic reactions to chemicals; and
- damage to eyesight from flying fragments.
What to do if you have been involved in an accident at work
If you have an accident in the workplace, you should:
- record the injury in the accident book;
- make sure your employer has reported it to the Health and Safety Executive;
- check your contract for information about sickness or accident pay;
- make your employer aware of your health and safety concerns;
- obtain details of any witnesses so that your solicitor can contact them later; and
- take photographs of any faulty equipment or accident damage.
Your right to compensation
Your employer may be reluctant to admit that they are legally at fault, so it is advisable to speak to a specialist personal injury solicitor about making your claim. Employers are required by law to have insurance that will cover them if an employee has an accident. This insurance is effective even if the company goes out of business, but it is important to get matters moving as soon as possible so that we can begin gathering the evidence before it is lost
Accidents are often preceded by a history of similar incidents taking place. Staff concerns frequently go unheeded when they should act as a wake-up call for the employer. We will be able to obtain the documents relating to any similar incidents that have occurred, which is likely to be helpful in establishing that your employer is at fault.
Our solicitors are experienced in dealing with workplace accident cases and just one call will be enough to get your claim underway.
No win, no fee funding
We are able to work on a no win, no fee basis, so you should not let worries about funding legal costs put you off seeking justice and your rightful compensation.
If you need help with an accident at work or any other personal injury claim, please contact Katherine Flashman Kitson, Director of Litigation on 01566 772375 or email firstname.lastname@example.org
This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.
Information to gather for your probate solicitor
Gazundering, what it is and how to avoid it
Relief from forfeiture – what happens if the tenant forgets to pay the rent?
Not so safe at work - compensation for an accident at work
New organ donation law: giving you control
Running a business from home
Have nude photos of you or your teenager been posted online?
Landowners’ rights and the Electronic Communications Code
Building in your back garden
Christmas is a time for giving (and inheritance planning)
Buying the freehold of your leasehold house
Redeveloping an empty pub for commercial use
Why it takes time to obtain the Grant of Probate
Social Media: The unconscious privacy threat
Is your reputation being threatened?
Making a will after your spouse or partner has died
Interns celebrate completion of internship at solicitors
Selling your home in a flat market, some top tips
Claiming compensation for a serious road traffic accident
New Media and Communications Court list reflects surge in internet defamation claims by Laura Baglow
Has your personal information been shared without your permission?
Planning your escape to the country, what you need to consider – part 2
Government consultation on new national model for shared ownership
Choosing a partnership structure
Planning for what happens when you die by Deborah Adams
Changes to legislation could offer protection for tenants in the private rental sector
Move to the country - Part One
The risks of DIY probate
Will your septic tank still be legal in January?
The death knell for ‘kiss and tell’?
Making a will when you retire
Selling your property at auction
Not looking so good - your guide to compensation for botched non-surgical cosmetic procedures
New threshold of seriousness in defamation proceedings
Legal considerations when building a granny annex
Choosing the right person for your power of attorney
Formal Interviews - Do you need legal representation?
Privacy rights and aerial images
Trustees’ duty to give information to beneficiaries
Five problems with a leasehold property
Taking your first commercial lease
Is your organisation protected from employee social media legal risk?
Have you been targeted by negative social media posts?
Farmers be alert when being inspected
Help for House Sellers?
Don’t let your digital assets end up in a digital grave
Valuing an estate for probate
Development proposals and your local authority search
What can you do if your child is injured in a serious accident
NetRights welcomes new protection for social media users
SHOULD I GET A LAWYER FOR A SPEEDING OFFENCE?
Supreme Court recognises that social media is a “casual medium” in libel battle
Choosing the best conveyancer who is right for you
Making a will after a second or subsequent marriage
Option or promotion agreement – which is best for landowners?
Anonymous pub and restaurant online reviews leave a bad taste
Have you had an accident involving a horse?
Help to Buy – beware of some cracks in the structure
Understanding Lasting Powers of Attorney
Changes to Energy Performance Certificate for Landlords
Had a cycling accident? Your route to obtaining compensation
New year, new home: tips to sell your home in the New Year
Tax Planning for your inheritance
Hearing loss: when your employer may be liable
Buying a home for your retirement, five things you need to consider
Farmers plan to diversify after Brexit
Ministers press ahead with probate fee shake-up - reports BBC News
Botched dental treatment? You may be entitled to compensation
Why a Health and Welfare Power of Attorney is a good idea
Will the new charge on building developments in Cornwall affect you?
Energy Performance Certificates – Do They Matter?
HMRC Challenging Stamp Duty Land Tax Payments
Ben Mitchell qualifies as a solicitor
The potential implications of Brexit on employment law
Appointing a guardian for your children
Houses in multiple occupation – new rules from October 2018
New Agriculture Bill published
Will Brexit affect my pension?
Dreaming of a holiday home? Sort out the legals before putting your feet up
Lasting Power of Attorney by Deborah Adams
Settled status after Brexit by Alexis Hager
How to choose an executor to administer your estate when you die
How overage agreements can boost profits from your land
Top tips for first-time buyers
How Could Brexit Affect My Farm?
Wills & Succession in Spain by Deborah Adams
Brexit – an international and local view by Alexis Hager, Litigation
Capital gains tax - important facts for non-residents of the UK
Buying a home: the importance of making sure the seller is entitled to sell
Changing a will after someone has died: it is possible and it could save you money
Your responsibilities when you have people working in your home
Sad passing of Battle of Britain pilot who served with Parnall family member
Considerations when buying a heritage property
Disciplinary proceedings at work: guide for employers
Employers should have a disciplinary process in place, but just following this may not be enough to avoid falling foul of the law and exposing yourself to the risk of an employment tribunal claim.