Accidents at Work
We've helped clients through their work accident claims with tremendous success: we've secured compensation, helped get them back to work and helped ensure their claim doesn't lead to bad feeling - we'd like to do the same for you.
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We are expert accident at work claim solicitors. Our personal injury lawyers have many years of experience in helping those who have suffered an injury at work to recover the maximum compensation possible.
Employers have a duty to look after the well-being of their workers. No one should go to their workplace and leave it, having suffered an accident that the employer should have prevented.
There are plenty of rules and regulations aimed at ensuring that employers adhere to satisfactory safety at work standards.
Nevertheless, accidents still happen.
All places of work carry the risk that employees may get hurt whilst there - sometimes seriously and sometimes, sadly, fatally. Office workers can trip up over open filing cabinet drawers and break limbs in doing so. Building site workers fall from faultily erected scaffolding and suffer serious head injuries or worse.
Last year’s Health and Safety Executive (HSE) statistics showed that 144 workers were killed and over 600,000 received non-fatal injuries as a result of accidents at work.
Can I make a claim for accident at work compensation?
The Health and Safety at Work Act 1974, ensures that your employer has a legal responsibility to provide you with a safe work place. You deserve the right to go to work each day without expecting to get injured whilst doing your job. If you do happen to be injured at work, you should not have to worry about your financial situation if find yourself off work as a result.
Since this law was introduced casualties and fatalities in the workplace have dropped significantly. Fatalities have dropped by 83% and casualties by 77%.
"To me it seems reasonable that if an employee goes to work and uses work equipment provided to them by their employer and they are injured due to a fault or malfunction, any loss arising should fall on the employer rather than the employee."
It's the employer's responsibility to provide you and your colleagues with adequate training for the job and suitable safety equipment and clothing, depending on the type of work you are employed to do. If you've had an accident or injury at work it's possible your employer has failed in their duty of care or otherwise been negligent or in breach of a statutory duty (that is, a duty imposed by law) to you.
For you to be able to make a claim, your employer must be at fault. By that, we mean that the employer was responsible for the accident happening.
For instance, if you work in a factory, and you are knocked down by a forklift truck driver, whose view is obscured because he is carrying a large stack of pallets that he can’t see over or round, then you would still make a claim against your employer.
The employer is what is known as vicariously liable for the acts or omissions of their employees, provided that the employee who caused the accident (in the case the truck driver) was acting in the course of their employment.
Sometimes, it may not be that easy to decide whether you were responsible for an accident in which you were injured at work, or whether it was the fault of your employer. If you find yourself in this situation, our advice is to contact us here at Spencers Solicitors.
Our friendly, and highly trained personal injury lawyers deal with injury at work claims every day. They will listen to your description of the accident that you were involved in and ask you all the right questions to help them get all the answers they need from you.
Once they have that information, they will be in a position to give you some brief advice as to whether they think your potential accident at work compensation claim has reasonable prospects of success or not. All of this they will do free of charge. If they do think you have good prospects of succeeding with a claim against your employers, then they will most probably be able to offer you the benefit of a No Win, No Fee agreement. Call us now on 08000 93 00 94 or contact us by making an online enquiry.
What type of accident at work can I make a claim for?
Work Accidents can happen to any employee in any type of workplace, anywhere in the world. However, you will find below a list with direct links to more in-depth pages focusing on the most common types of accident at work situations that Spencers personal injury lawyers are asked to help clients with, on a day-to-day basis;
If you have been injured in an accident at work that happened in any of these situations (or indeed in any other type of workplace environment), then call Spencers on 08000 93 00 94 for a totally obligation FREE chat to one of our experienced accident at work solicitors. You can also make an online claim enquiry if you prefer.
Who pays the compensation in an accident at work claim?
The work injury compensation paid out to you, will come from your employer's insurance. Your employer by law must have employer’s liability insurance, the purpose of which, in part, is to ensure that if employees are injured at work and make accident at work compensation claims, there is an insurance company who will pay out on any successful claims.
Some employees are mistakenly worried about making an injury claim against their employers, should they suffer an accident at work, because they believe that the money will come from a company’s bank account.
If the business is only a small enterprise, employees who get injured at work, are sometimes put off making a claim against the business owners because they think that they may cause the company to experience financial difficulties. That won’t happen – any compensation comes from an insurance policy that was there for this exact reason – to pay out to employees injured at work, when the accident was the fault of the employer.
Can I be sacked for making a compensation claim against my employer?
There is though, another reason why some workers are reluctant to make claims against their employer and that is because they think that they may get sacked for doing so?
The simple answer is that your employers cannot sack you simply because you make a valid claim for an accident at work, against them.
Similarly, if, as an alternative, they try to make your life difficult whilst you’re at work, just because you make a claim against them, then should you find the situation impossible to deal with, you may have a claim for constructive dismissal if you were to walk out. That’s not an option to be taken lightly, however. We have a whole page devoted to the subject of whether you can be sacked for making a claim.
What is involved in making a successful accident at work claim?
At Spencers, we believe that making a successful injury at work claim, isn’t just about how much compensation we are able to obtain from your employers’ insurance company (although it is a hugely important part of what we do for our clients!)
As specialist injury at work claim solicitors, we consider it to be our responsibility to manage our clients claim in its entirety. This includes ensuring that our injury at work clients have;
- Access to all the rehabilitation specialists that they may need to help them recover from their injuries, such as physical or occupational rehabilitation specialists. Some injuries may require physiotherapy or other rehabilitation treatment in order for you to fully recover. Other accident at work claims can involve serious injury, which may require surgery, physiotherapy, occupational therapy, rehabilitation, ongoing drug treatment, home adaptation or the provision of specialist equipment.
- It includes making sure that, if our accident at work client is losing earnings because of the incapacity caused by his workplace accident, we make a vigorous effort to recover an interim (advance) payment from the employers’’ insurance company. We do this as a means of attempting to prevent our clients from suffering financial hardship whilst they are off work, incapacitated by the injuries that they suffered at work.
- If your injury is serious your claim may have to cover long-term support services, adaptation of your home and the cost of a suitable new vehicle.
We deal with workplace accident compensation claims under a no win no fee agreement and we strive to maximise the damages that we recover for our clients.
How much will I get for my accident at work claim?
To find out more about the type and extent of compensation you can claim for as part of your work accident claim, please visit our awards and settlements accident guide.
How long after an accident at work have I to claim?
Generally, you have three years from the date of the accident in which to issue legal proceedings with the court. However as investigating the accident circumstances and obtaining medical evidence can take several months, you should seek legal assistance as soon as possible. Our guide on how long do I have to make a claim for compensation provides further details on the time limits.
How long does a work accident claim take?
The Ministry of Justice (MoJ) has introduced a streamlined claim process for employer related accidents occurring after 31st July 2013. A straightforward claim that runs through this process should ideally reach settlement in around nine months.
Many claims exit the MoJ process due to their complexity or to the employer failing to admit liability (fault), which can then extend the length of time needed to reach comprehensive settlement. Our guide on how long injury claims take to settle provides additional detail on some of the other factors involved.
How do I make an accident at work claim?
Our philosophy is simple: as specialist personal injury solicitors what we do above all else is look after you and your best interests, without fail, every step of the way.
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Why Choose Spencers Solicitors?
At Spencers Solicitors, we are fearlessly committed to our clients and ensuring that their best interests are central to everything we do.
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