If you have had an accident at work for which you were not to blame, you have the right to make a personal injury claim so that you can be compensated for your losses. If you do make a claim, you also have the right not to be treated detrimentally by your employer.
A Right to Make a Claim
In England and Wales, anyone who is wrongfully injured in an accident has a right to make a personal injury claim. There are many different ways in which a personal injury claim might arise, one of which is an accident at work.
As an employee or a worker, your health and safety should be protected while you carry out your work. It’s your employer’s legal duty to ensure this is achieved. Therefore if you do suffer an accident at work causing illness or injury, your employer could be held responsible. This applies even if a co-worker is to blame for the accident that caused the illness/injury, because an employer is accountable for the actions of their staff.
If you are involved in an accident at work, you should consider whether reasonable steps were taken to ensure a safe working environment. If the accident could have been prevented with the correct health and safety measures, you will have a right to make a work accident claim.
A Right to be Properly Compensated
Work accidents can lead to physical, psychological and financial injuries. Sometimes there will be long-lasting damage, and for some people their lives will never be the same again.
As you should never have suffered these injuries in the first place, you have a right to be properly compensated for your physical/psychological pain and suffering, and your financial losses. So you shouldn’t feel uncomfortable making a claim against your employer or seeking compensation – it is your legal right to do so.
A Right Not to be Treated Detrimentally
If you do make a work accident claim against your employer, you have the right not be treated less favourably by your employer and/or colleagues. If you find that you are being treated detrimentally at work because you’re making a compensation claim, you should seek legal advice, as there may be a breach of your employment rights.
A Right to Sick Pay
If you need to take time off work because of your work accident illness or injury, you may also have a right to be paid sick pay. If you’re an employee, you’re off sick for four or more days in a row, and you earn at least £113 per week before tax, you’ll be entitled to Statutory Sick Pay.
Or your employer may offer a more generous sick pay package than the statutory minimum. If so, you’ll have the right to receive this pay, even if you’re off sick because of an accident that happened at work.
If you have suffered an illness or injury at work and would like to know where you stand in regards to a potential compensation claim then our Personal Injury Lawyers can help you. Most claims can be dealt with on a No Win No Fee basis.
For free initial legal advice call our Personal Injury Lawyers on 0330 606 9587 or contact us online and we will call you.
APIL - Several of our Personal Injury Solicitors are members of the Association of Personal Injury Lawyers.