Nobody expects to suffer an accident at work, but thousands of employees in the UK are injured or made ill every year as a direct result of their activities in the workplace. Those who are injured due to the negligence of their colleagues or employer are placed in the difficult position of choosing whether or not to claim for compensation. If legal action is a possibility, certain steps should be taken after the accident has occurred to improve the victim’s chances of receiving compensation.
Health and Safety
An accident at work claim is usually brought after an employee has suffered an injury or illness that was caused by an employer’s negligent act or omission (that is, not doing something that was necessary to ensure the health and safety of employees). Every employer in the UK has a legal duty to protect workers. Any breach of this duty that causes personal injury can result in legal action, while all known breaches are investigated by the Health and Safety Executive. The important point to note is that employers have to assess the risks faced by employees in their working environment in order to implement preventative measures.
The Accident
Most accidents in the workplace involve slips, trips or falls from height. When an accident has occurred, it is essential to seek medical treatment without delay, but the nature and seriousness of the injury will usually determine how and when such a step might unfold. The accident scene offers the victim an opportunity to make a strong case against the employer if witnesses can be found who are willing to provide a detailed description of what happened. Noting relevant circumstances – time of day, lighting, any faults or irregularities – can also be useful, but the main concern must always be one of health.
Personal Injury Claim
An injury in the workplace must be officially reported under RIDDOR (Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995) by the employer or person in control of the workplace. After receiving medical treatment, the accident victim should contact a specially trained personal injury law firm to discuss making a claim for compensation. Any such claim must be made within three years of the injury occurring.