Most people understand that their employers have legal duties to keep them safe at work, but few understand the nature and extent of those duties. Accordingly, one of the questions most asked of our expert personal injury lawyers is, ‘I had an accident at work, what are my rights UK?’
At Bartlett’s, our leading personal injury solicitors have helped countless clients who have had an accident at work claim the compensation they deserve. Combining our legal expertise with years of experience, we will guide you through the claims process with a human touch.
To speak to our accident at work experts please call us free of charge on 0800 988 3674 or Make A Free Online Enquiry.
I Had An Accident At Work What Are My Rights?
Anyone who has had an accident at work has a variety of legal rights. They include the following:
• The Right To Sick Pay.
If your accident at work renders you unable to do your job, you are entitled to sick pay while you recover in the same way you would be had your accident occurred elsewhere. To establish the extent of your rights in this regard, you should check your Contract of Employment.
• The Right To Remain In Your Job And Not Be iscriminated Against.
Some people worry about how an accident at work might affect their job or career prospects. Rest assured; your employer cannot fire you or discriminate against you in any way for having an accident at work or bringing a personal injury claim against them. The only potential exception is if your accident resulted from your own gross negligence. If you believe that your employer fired you as a result of your accident or subsequent personal injury claim, you could bring unfair dismissal proceedings against them.
Your employer should have Employers Liability Insurance in place to cover any compensation they have to pay out, so no employees will shoulder the burden.
• The Right To Compensation.
Your employer has a number of legal obligations when it comes to keeping their workers safe. For example, under the Health and Safety Act 1974, if your employer fails to provide a safe working environment and you are injured as a result, you are entitled to compensation.
I Had An Accident At Work What Are My Rights To Compensation?
If your employer fails to comply with their legal duties to keep you safe, you may be eligible for compensation. The amount to which you are entitled depends on the facts of your case.
Compensation in accident at work claims comprises two elements, known as ‘general’ and ‘special’ damages. ‘Damages’ is simply the legal term for compensation.
General damages are designed to compensate you for what the courts call your ‘pain, suffering, and loss of amenity’. While there are guidelines to assist personal injury solicitors and judges in ascertaining the range of compensation suitable for specific injuries, these are only a starting point. The court will go on to consider how the injury impacted the specific claimant (the person making the claim). As a result, the compensation awarded in two cases involving very similar injuries may be very different if their impact on one claimant was more severe than on the other.
Special damages are designed to compensate you for the financial losses stemming from your accident. Special damages are usually easier to calculate than general ones since they are more readily identifiable.
Examples of losses that might comprise your special damages claim include any loss of earnings, pension losses, medical and rehabilitation expenses, and travel costs.
How We Can Help
Our personal injury solicitors will gather evidence to support the compensation claimed in your case. That evidence will likely include items such as expert medical reports detailing the nature of your injuries and your prognosis, wage slips to prove how much income you lost due to being unable to work, and receipts for any medical treatment you received.
We act for most of our personal injury clients on a no win, no fee basis. This means that you can pursue your accident at work claim with no financial risk since you only pay our costs when you win your case. At that stage, you pay us the amount detailed in the no win, no fee agreement you enter into us at the outset of your matter. That amount cannot be more than 25% of your compensation, so you can be confident that you will still receive the majority of the amount you are awarded.
We also offer a free, no-obligation initial enquiry service where you can discuss your case with one of expert solicitors and assess your options before proceeding. If you decide to make a claim, we’ll fight your corner every step of the way, making sure you secure the compensation you need and deserve.
To speak to our accident at work experts please call us free of charge on 0800 988 3674 or Make A Free Online Enquiry.
