Tuesday, March 1st, 2011 at
3:37 pm
Accidents often occur in the work place and in fact nearly half of all reported accidents are said to have happened in the work place.
Many people are anxious when it comes to claiming against their employers for personal injury. Although you may feel anxious you really need not be. There are laws in place to make sure your employer treats you fairly if you make a claim and employers have to have insurance for this reason.
The first thing to do when you are injured in a workplace accident and expect to be absent from work due to your injuries is to make sure you claim for statutory sick pay. If you remain of work for more than 28 weeks then you will need to claim for other entitlements such as incapacity benefits.
Question 1: Will my employer sack me for making a claim? Answer: It is against the law to sack an employee because they have made a work accident compensation claim. Also, all employers must, by law, be insured against compensation claims, so the compensation should be recovered from the insurance company.
To claim for your injuries you need t be able to prove that your employer casued the accident due to negligence- ie failure to take reasonable steps to prevent it happening.
No claim for personal injury is exactly the same and some cases can be settled easily and within a matter of weeks whereas others require more information to be gathered or witness statements to be taken and therefore take longer. Many work place personal injury cases can be settled without having to go to court.
Question 4: What steps should I take following my accident at work? Answer: Although not always possible, especially if the injuries are serious and require immediate attention, the first step should be to report the incident, and make sure that it’s logged in the accident book.
If a personal injury claim is made later on, then it will help later if a record was made at the time, stating the reasons for the accident. Getting details from witnesses is also important to prove your claim. If you require emergency attention then it is advisable to mention to the medical attendants that it was an accident at work, so that they can record it in their notes.
If you have suffered a back injury at work then Hattons Law solicitors can help you out with your employment claims.
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