If you have suffered an injury or illness following an accident at work that wasn’t your fault, you may be entitled to make a claim for compensation.

Your employer has a legal responsibility to keep you as safe as reasonably possible during your working day, and if your accident at work happened because of your employer’s negligence, you could be eligible to make a compensation claim against them.

Common Causes Of Accidents At Work

Accidents are an unfortunate part of life. However, suffering an injury or illness because of an accident at work that wasn’t your fault is different and there is legislation in place for this reason – which is why our personal injury solicitors at Bartletts Solicitors help clients secure compensation when this happens.

As a guide, accidents at work can be caused by:

• A moving object
• Falls from height
• Slips, trips or falls
• Manual handling, lifting or carrying

Injuries are not always physical and often claims for compensation are made for breach of contract or for employer negligence because of psychological suffering caused by incidents including:

• Workplace bullying
• Stress
• Harassment

What Your Employer Should Do To Prevent Accidents

The law details what employers are expected to do to keep their staff as safe as possible during the working day.

Workplace legislation includes:

• Having measures in place to prevent accidents at work
• Informing staff of health and safety issues that could affect them
• Ensure all necessary training is carried out
• Having the right equipment available to employees

Employer’s Responsibilities

If you have an accident at work, employers must report this and are legally required to pay you statutory sick pay (SSP) and give you the necessary time off to recover.

Furthermore, every employer is legally required to have valid insurance to cover any potential claims by staff following a workplace accident. This means that any claim you make is made against the employer and if successful is paid for by the insurance company.

Your Rights

You have the right to be kept safe at work and this means that all reasonable measures should be taken by your employer to ensure this happens. If you’ve been injured or become ill because of an accident at work that was due to your employer’s negligence, then you are entitled to make a claim for compensation.

Even if your accident was caused by another employee’s actions you may still be able to make a claim. Your rights at work mean that if you are entitled to make a claim for compensation, your employer should not stop you from doing so.

Regardless of the terms of your employment, you have the right to be kept safe in the workplace – so no matter if you work full-time, part-time, on a temporary basis or through an agency, you are protected by the same health and safety legislation as all employees at work.

What You Should Do If You Have An Accident At Work

If you’re hurt at work, report the matter to your employer as soon as you can. Your employer should then help ensure you get the medical attention you need and also record it in the workplace accident book.

If your employer doesn’t or is unable to record your accident, write down the details of what caused your injury or illness and make 2 copies – one for your employer and one for you. Ask a colleague or friend to do this for you if you can’t. Writing it down will help with your claim and is worth doing.  It is advisable to email your employer with details of the accident circumstances so there is a clear record of what happened.

You should also see a doctor who will record the details of your accident and injuries, and make sure you receive the medical care you need.

If the accident is serious, you should also report the incident to RIDDOR (Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013).

What Is IIDB?

IIDB stands for Industrial Injuries Disablement Benefits and is an additional entitlement you may be able to claim for alongside your personal injury claim against your employer.

To be eligible for IIDB, you need to meet certain criteria that usually includes:

• You were an employee at the time of the accident
• You were on an approved training scheme, course or event when the accident happened
• The accident happened in England, Wales or Scotland

You may also claim for disability benefits if you caught a disease or illness, including those related to asbestos, during your employment and can demonstrate you meet the above criteria.

Will You Be Paid If You’re Hurt At Work?

If you need to take time off work to recover from your injury or illness, you can get back your earnings in one of two ways:

• SSP
  The amount of SSP (statutory sick pay) you receive depends on your employer’s sick pay policy. You may also be entitled to additional sickness benefits or payments.
• Loss of earnings
  Regardless of whether you receive SSP or not, you may be able to claim for loss of earnings as part of your compensation claim against your employer.

Will You Lose Your Job If You Make An Accident At Work Claim?

Your employer has a duty of care to keep you safe in the workplace and if you’re injured in an accident at work that wasn’t your fault, you have a right to make a compensation claim.

If you have worked in your job for more than 2 years, your employer cannot dismiss you for making a claim – if this happens and you have been employed by the company for more than 2 years then you may have a case for unfair dismissal.

How Much Can You Claim For An Accident At Work?

The amount of compensation you can claim for depends on your particular situation and the severity of your injuries. Each and every claim is different.

There are 2 types of compensation you can claim for:

• General damages – this is for physical pain and psychological suffering
• Special damages – this is for associated expenses such as medical costs, travel and loss of earnings

How We Can Help You With Your Accident At Work Claim

We provide a free initial consultation to all our clients to ensure they have the opportunity to receive professional legal advice before proceeding with an accident at work claim for compensation.

Once you’ve seen a doctor and are receiving the medical care you need, speak to one of our professional personal injury solicitors about your accident and your rights to make a claim.

We are here to help you if you want to know more about whether you could make a claim against your employer for your injury or illness following an accident at work. Once we fully understand your particular situation, your personal injury solicitor will tailor your advice and explain if you’re eligible to make a claim and assess how much compensation you could claim for.

We are here to help you at every step of the claims process – so if you do decide to go ahead and make an accident at work compensation claim, we will support you and work hard to secure you the maximum compensation you deserve.

To speak to one of our specialist solicitors for advice or to make a claim for compensation, contact us on 01244 405 399 or email advice@bartletts.co.uk

Accidents At Work FAQs

Can I Make A Workplace Accident Claim?

Yes – if you’ve been hurt in an accident at work and your employer is at fault.

Employers are liable to pay work injury compensation if they failed to:

• Follow health and safety legislation
• Carry out relevant risk assessments
• Supply the necessary personal protective equipment (PPE)
• Reduce risks in the workplace as much as possible
• Ensure equipment and machinery are maintained

How Do I Claim For An Accident At Work?

The first thing to do is collect evidence – the more evidence you have, the stronger your claims case will be.

If possible, try to ensure you do the following after your accident at work:

• Report the accident to your employer and fill out the accident book at work
• Take photos of where your accident happened
• Take photos of any visible injuries
• Get the details of any witnesses to your accident
• Record any visits to the doctor plus treatments you take
• Keep receipts for all related expenses such as travel costs to doctor or hospital

Don’t worry if you’re not able to gather all the evidence, just try to get as much as you can.

Once you have all the information about your accident and injuries, get in touch with our professional personal injury solicitors on 01244 405 399 or email advice@bartletts.co.uk

We will advise you based on the facts you give us and the evidence you share with us, about whether you have grounds to make a successful claim and how much compensation you’re entitled to.

What Types Of Injury Can I Claim For?

There are many different types of injuries that your employer can be held accountable for if you’ve been hurt in an accident at work.

Injury types for claims include:

• Back injuries
• Lacerations and cuts
• Serious injuries such as brain or spinal injuries
• Workplace burns
• Workplace fatalities

How Much Compensation Could I Get?

Your compensation depends on the severity of your injury or illness and the impact this has had on you following your workplace accident.

As a guide, the more serious your injury, the more compensation you’re entitled to. If you’ve needed to take time off work, we can claim for loss of income compensation too.

For a clearer idea of how much compensation you could claim for, speak to our professional personal injury solicitors on 01244 405 399 or email advice@bartletts.co.uk They will discuss the details of your accident and injuries and provide you with an estimate of potential compensation.

How Long After An Accident At Work Can I Make A Claim?

You usually have up to 3 years from the date of the accident to make your claim for compensation. Our advice is to always get in touch as soon as you can.

Sometimes, the time limit starts from the date you became aware of your injuries if you didn’t realise straightaway that you are injured.

There are a few exceptions to the 3-year rule too, for example, if you have suffered a severe brain injury.

How Can I Pay For My Accident At Work Claim?

You can make a claim with us on a no win, no fee payment arrangement. This means you only need to pay a fee if your claim is successful – and this fee will be taken from your compensation. The fee is a set amount that will be advised before you decide to go ahead with making your claim and there will be hidden extra fees at any point.

 

Unfortunately, many of us have to work outside year-round despite the fact the weather can be a challenge during the winter months because of hazardous conditions such as snow and ice. The good news is there is plenty employers can do to ensure their employees stay safe.

From October through to February and often beyond, it is likely the weather will pose issues for people working outside – which is why workplaces need to have policies and measures in place to help ensure everyone avoids potential hazards.

Winter Hazards Guide At Work

Snow and Ice

Snow and ice can cause a range of problems for individuals working outside, if left untreated. It is vital employers have a plan in place for what happens when freezing conditions arrive – such measures may include scattering grit or rock salt on the pathways and working areas.

As time is often needed for the salt or grit to take effect, it needs to be deployed at the right time. Depending on the severity of the snow, it may be necessary to create temporary alternative pathways for staff to walk along safely.

Lighting

The days are much shorter in the winter months and lighting can be a potential hazard for those working outside. Employers need to plan for the changing light and ensure the lighting around the workplace and where staff are walking a lot are sufficiently lit.

A risk assessment will need to be carried out to make sure places have sufficient lighting throughout the working day.

Mud and Leaves

When the leaves fall from the trees and the ground gets mulchy and muddy, it can become slippery and treacherous for people walking on it. Employers need to have a process for removing leaves and mud from walkways and paths to ensure they don’t become slippery and potentially dangerous.

Wet Weather

The build up of rain water on a pathway or in the entrance of a workplace can create a slip hazard. Employers need to ensure a suitably absorbent, non-slip flooring is in place in the areas that need them.

How We Can Help You With Your Accidents At Work Claims  

Preventative measures put in place by employers will help ensure staff can work outdoors in winter in a safe way. Whilst there will always be times when accidents occur due to unforeseen circumstances, employers have a duty of care to keep employees safe at work and should put preventative measures in place to keep staff protected in the workplace during winter.

If you’ve been injured at work due to no fault of your own, our personal injury solicitors will advise and guide you on what you can do about this – and whether you can make a claim for compensation.

We will take the time to fully understand the circumstances of your workplace accident, and should you decide to go ahead with a claim will ensure we do everything possible to secure the compensation you deserve.

To speak to one of our specialist solicitors about making a work accident claim, contact us on 01244 405 399 or email advice@bartletts.co.uk

 

A local cleaner has been awarded compensation for her injured back after making a claim with the help of Personal Injury Solicitor Owain Dodd at Bartletts Wrexham.

The 61-year-old cleaner injured her back after being asked by the head teacher of the school she was working at to move heavy chairs.

She suffered back pain as a result of her injury and needed physiotherapy and rest following the accident.

Fortunately, the cleaner contacted Owain Dodd at Bartletts Wrexham who was able to prove her back injury occurred whilst she was moving the heavy chairs at work and that it was this movement that hurt her back. He then made a claim on her behalf for the pain and suffering.

The opponent’s insurance company paid for the physiotherapy sessions to help with her recovery – quite often, rehabilitation is more important than compensation.

In total, she was awarded £2,500 for the back pain she suffered.

Our specialist solicitors at Bartletts Wrexham have handled a range of accident at work claims and work hard to secure the compensation every employee deserves. We’re here to help if you’ve been injured in an accident in the workplace through no fault of your own, and will make a claim on your behalf to assist with your recovery and to gain compensation.

If you would like to speak to one of our specialist personal injury solicitors , contact us on 0800 988 3674 or Telephone our Chester office on: 01244 405 399 or our Wrexham office on: 01978 360056 or email advice@bartletts.co.uk

 

 

 

Construction sites are among the most dangerous places to work, and construction workers are three-times more likely to be killed or seriously injured whilst at work compared to employees working in other sectors – which is why it’s important to know your rights if you’ve been injured in a construction site accident that wasn’t your fault.

There is a high risk of injury on a construction site, and all health and safety measures must be implemented and complied with to ensure the safety of everyone on site. It is the responsibility of the site owner or your employer or an individual who has a legal obligation, to ensure your safety during your working day on a construction site.

If you or a loved one have been injured in an accident at work that was caused by the responsible person’s negligence, you may be entitled to make a claim for compensation.

What Are The Common Construction Site Accidents & Injuries?

Unfortunately, given the dangerous nature of construction sites, accidents and injuries happen often.

The type of construction site accidents varies widely but often includes:

• Falling objects
• Slips and trips
• Chemical exposure
• Falls from height
• Excavation site collapse
• Faulty equipment
• Safety belt or harness failure
• Electrocution
• Forklift or dumper or excavator truck collision

The resulting injuries range from the minor to the life-changing, and include:

• Head injuries
• Broken bones
• Spinal damage
• Loss of limbs
• Nerve damage
• Burns
• Internal organ damage
• Sight and hearing loss
• Psychological trauma

Sometimes, an accident triggers an illness or disease. Work-related illnesses include:

• Occupational cancer
• Occupational asthma
• Occupational deafness
• Organ failure
• Heart disease
• Hand arm vibration syndrome

What Can You Claim Compensation For?

You can claim compensation for the physical pain and suffering as well as for any psychological harm you’ve experienced.

Furthermore, you can claim for any accident-related expenses and any financial loss you’ve incurred, including:

• Travel for hospital appointments
• Prescription costs
• Loss of earnings
• Loss of job benefits
• Cost of home or vehicle alterations
• Physiotherapy costs

The amount of compensation you can claim for depends on the circumstances of your construction accident and resulting personal injuries, and whether there are any long-term consequences of your injuries.

When Do You Have To Make A Claim?

You need to make your compensation claim within 3 years of the date of your injury or within 3 years of realising an injury had occurred.

However, there are exceptions to this rule if you are making a claim on behalf of someone else:

• If the person suffered the injury when they were under the age of 18, you can make a claim on their behalf up until they turn 21
• If the person’s injury caused them to become mentally incapacitated, there is no time limit for you to make a claim on their behalf
• If the person’s injury resulted in their death, you have 3 years from the date of their death to make a claim on their behalf

How Can You Make A Claim?

To make a construction site injury claim, you need to show that the responsible person on site failed to do all that could reasonably be expected of them to do to protect the injured person and keep them safe.

Every case is different but as a guide, an employer or site owner responsible for the health and safety of a construction site can reasonably be expected to implement and comply with a wide range of safety measures, including:

• Regular checks of plant, machinery, tools and equipment used on site
• Personal protective equipment to be issued as required
• Compliance with health and safety regulatory requirements
• Staff training on all site systems
• Safety fences installed around scaffolding

You need to prove negligence on behalf of your employer or the person responsible for the construction site – and that this negligence caused your accident and resulting personal injuries.

How Long Does It Take To Make A Claim?

The length of a compensation claim depends on whether the accused party admits negligence or not. If they agree to being responsible for your injuries and to your compensation calculation, the claims process will be faster.

Sometimes, construction site injury claims are resolved within a few months and outside of court whereas other cases are slower and require court appearances.

However long your compensation claim takes, we will support you throughout. For your peace of mind, we can also help you to secure an interim payment on your compensation where liability is admitted, so you don’t have to worry about the financial consequences of your injuries and can focus on recovery.

How We Can Help You With Your Construction Site Injury Claim

Our construction law specialists are here to help you at every stage of the claims process. We will advise you on your rights to claim compensation and the level of compensation you may be entitled to, as this differs depending on the circumstances of your accident and whether you were on site at the time as an employee, self-employed labourer, or agency worker.

If the accident on a construction site resulted in death, we can support you with making a fatal accident claim. We are also able to help you to make a claim on behalf of someone under the age of 18 or someone who has lost mental capacity as a result of their injury.

We will use our thorough knowledge of construction law to assist you with your claim, and to ensure you receive the compensation you deserve – and help you to make a successful claim in the most straightforward and stress-free way possible.

To speak to one of our specialist solicitors about making a construction site injury claim, contact us on freephone 0800 988 3674 or Chester Tel: 01244 311 633 or email advice@bartletts.co.uk

 

A young plumber who suffered neck and shoulder pain following an accident on a building site has been awarded compensation after making a claim with the help of Owain Dodd, Personal Injury Solicitor at the Wrexham office of Bartletts Solicitors.

Owain and his colleagues at Bartletts Wrexham worked on this case to help the 22-year-old local plumber secure compensation for his injury, psychological harm and loss of earnings, following the accident whilst at work on a building site.

The young plumber was working on a building site when someone dropped a heavy tool from the scaffolding above, which fell and hit him on his head and shoulder.

He suffered shoulder and neck pain, and has experienced psychological effects when on building sites or near scaffolding since the accident.

Thankfully he was wearing a hard hat at the time or his injuries would have been far more severe.

The plumber got in touch with the dedicated personal injury team at Bartletts Wrexham and explained his accident at work to Owain Dodd who made a claim on his behalf for the 4-weeks rest he needed to have off work to enable his neck and shoulder to improve, and for his cognitive behavioural therapy for the psychological injury he suffered.

In total, he was awarded £5,600 in compensation for his injury, cognitive behavioural therapy, and loss of earnings.

Bartletts Wrexham always works hard to secure compensation for individuals who’ve suffered an injury because of an accident at work. Employers have a duty of care to keep staff safe whilst at work and if you’ve been hurt as a result of an accident that wasn’t your fault, our specialist solicitors will help you make a claim for the compensation you deserve.

If you would like to speak to one of our specialist personal injury solicitors , contact us on 0800 988 3674 or Telephone our Chester office on: 01244 405 399 or our Wrexham office on: 01978 360056 or email advice@bartletts.co.uk