Accident at Work Solicitors

Can I make a work accident claim?

If you have been injured in the last three years and the injuries you suffered resulted from your employers, managers or other employees failing to follow health and safety rules you are entitled to make a claim. Your accident may have resulted from one of the following:

• Dangerous working practices
• Poor or non-existent workplace risk assessments
• Limited or non-existent personal protective equipment (PPE)
• A spillage that could have been prevented
• A fall from height
• Poorly maintained equipment

If your employer was negligent of their duty of care to you, and this breach of care resulted in your accident, you may be able to claim compensation for your injuries. If you think you are eligible to make a claim, you need to be aware that the clock is ticking. You have only three years from the date of the accident in which to start legal action. This means that you need to act fast and obtain specialist legal advice as soon as possible.

The money you can claim depends on the type of injury you suffered and how long it takes for you to recover. A successful claim will cover the costs of rehabilitation and other interventions necessary to help you manage. Any financial loss will also be covered, including loss of earnings and travel expenses.

Employer’s liability insurance

Employers are legally required to carry liability insurance, which will be used for the payment of compensation if an employee is injured at work. This means that when you claim compensation for your accident, you are not claiming against your employer, but against your employer’s insurance company. Details of your employer’s liability insurance will be contained within a certificate which must be given to you at your request if it is not readily accessible.

What are my rights if I suffer an injury at work?

The law states that you should always be provided with safe and suitable work equipment. You should also receive proper training to complete your required tasks and work alongside other correctly trained employees who will not put you in any risk. Making a claim will not affect your employment rights.

Will I have to pay to make an accident at work compensation?

Our personal injury cases are handled on a No Win No Fee basis. This means there will be no cost to you. Speak to one of our London solicitors to discuss your claim.

Do I get full pay if injured at work?

You may require time off from work to recover from your accident. Depending on your employer, you may also be entitled to receive work sick pay. During your sick time, document any treatment you received and consider keeping a diary of how your accident has affected you day to day. Make sure to keep receipts for out-of-pocket expenses such as physiotherapy sessions. You should also consider additional expenses that you have incurred, such as taking taxis if you cannot drive.

You may also receive Statutory Sick Pay if you are off because of your accident. If your injury is more serious, you may be entitled to claim Industrial Injuries Disablement Benefit.

What should an employer do after an accident at work?

The Law is clear. Employers have a duty of care to their employees, no matter how small their business. The workplace must be safe and risks to health should be prevented. Measures required include ensuring that any machinery is safe to use, necessary safety equipment is provided, and potential hazards are eliminated or at least mitigated as far as possible so that an accident at work is less likely to happen.

The primary UK law governing work health and safety is the Health and Safety at Work Act 1974. The Health and Safety Executive also publishes other regulations that are less general and more industry-specific. Guidelines for keeping the workplace safe are readily available through the Health and Safety Executive website, should you wish to check them out for yourself.

However, despite the law, no system is perfect, which means that an accident at work is still likely to occur. Injuries arise from a wide range of causes, including slips and trips, being struck by a moving object or falling from a height, to name but a few. So, if you have suffered an injury at work what should you do? Here are a few suggestions to help you.

Seek appropriate help

Getting treatment should be your priority. Your injury may be sufficiently dealt with by a work first-aider or you may require attention from medical specialists in hospital. Make sure that you tell anyone attending you, the circumstances of your accident so that they are accurately recorded in the notes. These notes may be required later, so it is in your interest to be as clear and detailed as possible.

Gather evidence

Whenever you are able, make notes of what happened. Document the name of any witnesses who can support your recollection of events. You may consider obtaining relevant photographs, serial numbers of faulty equipment and making sketches of what happened.

Report the accident at work

To formalise your accident, it is necessary to log details inside the work accident book, a document that your employer is required to keep by law. If no logbook is available, report your accident to your line manager. It is best to do this in writing and with as much detail as possible. If the work accident report has been completed on your behalf by someone else, make sure the details are correct before you sign it.

Report to the Health and Safety Executive

Your employer must report any serious accident to the Health and Safety Executive. However, if you are in doubt that your employer has done so, consider contacting them yourself.

Returning to work after a workplace accident

If you can return to work after your accident, you may be able to request fewer hours or a change to your work duties until you are fully recovered. If the accident has resulted in a longer-term injury, then your employer may be legally required to make changes to help you return to work.

Injured at work client stories

• Our client was a builder suffering a psychological reaction following a needle stick injury from a discarded syringe. His employers failed to take action to prevent drug users from using working on-site. Damages awarded: £20,000.
• An abattoir supervisor made a forklift accident claim after suffering significant complex injuries. Following the accident, our client had permanently reduced walking ability, only able to walk with sticks. He was not able to return to employment. Damages awarded £4.75 million.
• We represented a labourer who sustained burns to his ankle when liquid nitrogen leaked from the pipe he was working on. His building site injuries required plastic surgery. Damages awarded: £100,000.
• A factory machinist suffered a fall when tripping over a cable from her sewing machine. As a result of the fall she suffered. Damages awarded: £70,000
• A self-employed carpenter suffered a complex ankle fracture whilst working on a building site. The injury left him with permanently restricted mobility. Damages awarded £2 million.

Why Choose Osbornes Law’s Accident at Work solicitors?

At Osbornes Law we have one of the largest London accident-at-work teams led by Sophie Davies, Managing Partner and Head of the Personal Injury Department.

Osbornes Law is an active supporter and campaigner for the Association of Personal Injury Lawyers (APIL) – an organisation fighting for the rights of injured people. Other organisations supported by the team include Headway East London, Spinal Injuries Association and the Limbless Association.