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Accidents At Work
Claiming For Accidents At Work
Unfortunately, accidents at work, are more commonplace than many people think. Whenever we are at work, our employers have a legal obligation to ensure that we are as free from hazard and potential danger as possible. This means that they must provide a safe place to work but it also means that they should offer training, safety equipment, and other essential items to be absolutely sure that we are not put under increased or additional risk. Employees that suffer an accident at work that was not their fault may have the right to claim compensation from their employer.
Cases Of Negligence
There are many types of illness or accident at work. Slips and trips can be quite common, while working at height poses serious risks. Illness or injury caused by harmful materials, and injury caused by machinery and equipment are also possible risks. Even injuries caused by performing a repetitive task over a long period of time may give light to a potential compensation claim if it can be proven that an employer did not take reasonable steps to ensure the safety of their workers.
First Steps
The first step following an accident at work should always be to ensure your safety and prevent any further injury. If you are able, you should record the accident in the workplace accident book or ensure that a health and safety representative does this for you. Also consider asking any witnesses to the accident for their details and always seek medical assistance, even if you feel OK. Following this, you should contact a solicitor law firm that specialises in personal injury cases.
Compensation Figures
The total amount that a claimant receives in compensation will vary according to the type of injury or illness and its extent. Serious injuries that will have a debilitating effect for many years will typically carry the largest compensation payments while minor injuries will be smaller. Costs, such as medical and prescription charges, as well as a calculation of loss of earnings will also be included in the figure.
Change In Condition
It is possible to have a compensation payment looked at once again, if a condition worsens or unexpectedly improves. For example, if compensation is awarded based on a predicted 12 month layoff but there are complications and the injury sustained lasts for two years it may be possible to have this change in condition looked at and a further payment made. It is important that the claimant contacts their solicitor as soon as they are made aware of or suffer any changes in condition.
Using A Specialist Industrial Accident Solicitor
It is possible to submit an accident at work claim without the need to use a solicitor. However, it has been shown that instructing a specialist personal injury firm with experience in dealing with accidents at work can help ensure that the victim receives a more realistic and larger compensation figure. Email us for for more information on accidents at work by clicking here or call on 0800 988 9055 to discuss your accident and determine whether you have a case to claim compensation.
MAKING A CLAIM
Making a claim for your personal injuries with Stocks Legal is really easy. You can speak to an experienced personal injury solicitor today by calling 0800 988 9055 or you can use our online claim enquiry form by clicking here. There is no obligation and you have nothing to lose by speaking to us.
ABOUT THE AUTHOR
Mike Topper is the litigation manager at Stocks Legal Personal Injury Solicitors. Mike is highly experienced in all types of personal injury cases. He is highly focussed on client care and getting the maximum compensation that is available for his clients and their families. He rightly sees personal injury claims as a real must for the English legal System as without a proper compensation structure, many injury people can be left with no support or ongoing medical treatment.
If you have any questions arising from this article to can contact Mike by calling 0800 988 9055 or by sending him an email by clicking here.
Accidents At Work FAQ
Accidents at work can not only lead to serious injury and illness but they can also cause a loss of earnings and carry medical expenses. Victims of industrial accidents that were not at fault for the accident may have the right to claim compensation from their employer, or former employer, and below are answers to a number of questions that are commonly asked of the compensation scheme and the process involved.
Do I Have A Right To Claim Compensation?
Your employer is obliged to ensure that you remain safe and free from harm while you are at work. If it is possible to prove negligence on the part of your employer, whether through poor working conditions or even a lack of training or adequate safety gear, then you could have a strong case for claiming compensation. Every case is different, though, and it is important that you seek legal advice to determine whether you can claim.
How Long Do I Have To Claim?
Your first concern following an accident should be to ensure that you are OK, to report the accident, and to seek medical attention. Ideally, once you have seen a doctor or healthcare professional you should contact a solicitor that specialises in accidents at work. You have three years from the date of the accident to submit a claim so don’t leave it too long.
Will Claiming Affect My Job?
In reality, when you claim compensation from your employer, it is their insurance company that will meet any compensation cost and not your actual employer. You have a right to continue in your employment unaffected by your right to make compensation.
Will I Have To Appear In Court?
The majority of accident at work cases are settled before they reach court. This works out less expensive and less time consuming for all parties, but there are still some instances where the case will proceed to a court hearing. If it does reach court, then you will usually need to attend in order to put forward your side of events and to answer any questions that may be asked of you. Your solicitor will prepare you for this well in advance.
Will I Need A Medical Examination?
You will need to have a medical examination as part of the claims procedure. This examination will be carried out by at least one medical examiner and if you do not submit to the examination then your claim will be rejected.
What If My Employer Is No Longer In Business?
If you have suffered an accident at work and your employer is no longer in business you are still able to make a claim. You may receive compensation from a government run scheme that was set up for such eventualities.
MAKING A CLAIM
Making a claim for your personal injuries with Stocks Legal is really easy. You can speak to an experienced personal injury solicitor today by calling 0800 988 9055 or you can use our online claim enquiry form by clicking here. There is no obligation and you have nothing to lose by speaking to us.
ABOUT THE AUTHOR
Mike Topper is the litigation manager at Stocks Legal Personal Injury Solicitors. Mike is highly experienced in all types of personal injury cases. He is highly focussed on client care and getting the maximum compensation that is available for his clients and their families. He rightly sees personal injury claims as a real must for the English legal System as without a proper compensation structure, many injury people can be left with no support or ongoing medical treatment.
If you have any questions arising from this article to can contact Mike by calling 0800 988 9055 or by sending him an email by clicking here.
Government Highlights Three Industries With Greatest Risk Of Accidents At Work
The government have revealed figures that show the three most dangerous industries in which to work. They take into account the likelihood of suffering an accident at work or becoming afflicted with an industrial disease. Regardless of how potentially dangerous a job is, it is the responsibility of the employer to ensure that employees have as safe and risk-free an environment in which to work. All employers should take care to offer a safe environment but it is these three industries that have the highest risk level according to the figures.
Construction remains the most dangerous industry. Only around 5% of the workforce are found in the construction industry but this is where 22% of work related fatalities and 10% of work related injuries are recorded. In 2011/2012 this meant that 600,000 working days were lost because of accidents at work while a further 1.7m working days were lost due to illnesses directly attributed to the workplace. The most common injuries were trips and falls while 5,000 cases of cancer were recorded due to exposure to harmful chemicals.
The agriculture industry utilises many types of heavy machinery and these are often responsible for accidents at work. 33 deaths were recorded during 2011/2012 although it should be noted that this is an improvement over previous years but it still means that agriculture ranks among the most dangerous and potentially life threatening industries in the UK. It is also believed that many accidents in this industry are not reported but even with potentially depleted figures, it still has high fatality and injury rates.
Manufacturing is another area where the use of heavy machinery combined with exposure to potentially harmful chemicals is rife and employees often pay the price. The 2011/2012 period saw 31 manufacturing related deaths, which represents around 25% of all recorded work related fatalities. The industry is also responsible for 16% of injuries caused by accidents in the workplace. Only 10% of the workforce are employed in the industry.
Every employer has a legal responsibility to ensure that their employees, and everybody on their premises is as safe and free from harm as possible. Workplace practices, training, and hazard prevention should be considered an integral role for any company or employer and while the majority of organisations do get it right, there are those that fail their staff. Employers run the risk of having legal action taken against them and litigious claims laid by injured parties and employees that contract so called industrial illnesses and diseases.
There are various ways in which an employer may found liable for an employee’s accident or illness and if it can be proven then the employee has the right to make a claim against their employer. Industrial claims can total large sums of money and this is why employers’ liability insurance is a legal requirement for any business that employs even a single member of staff. Employees that are involved in an accident at work or that contract an industrial illness should first report the incident to later aid their litigation claim.
Military Veterans Denied Asbestos Compensation
200 military veterans have been denied access to mesothelioma compensation that civilians in exactly the same position would be entitled to and would receive. The MoD will not pay out to military personnel that were exposed to asbestos before the year 1987 even though a proposed Government Bill that is making its way through the House of Lords would see more than 3,000 sufferers in a similar position receive compensation of around £100,000 each.
The dangers of asbestos have been known for decades now and since the turn of the century a number of people that were exposed to the deadly substance and its spores have successfully been able to claim compensation from employers that put them in harm’s way. Massive law suits have been filed and even where employers and their insurers no longer exist, compensation has been available.
However, the MoD will not award compensation to those military personnel that were exposed prior to 1987. It is believed that this will affect around 200 veterans who worked on navy shipbuilding yards where it is known that the material was used. MoD civilians will be awarded the compensation but not military personnel.
Many people have come out in support of the military personnel and have criticised the loophole that currently exists. Jim Murphy, the Shadow Defence Minister, said “Those who give so much for our country should always be looked after.” Labour MP Thomas Docherty said that “MoD bureaucracy is failing to close this unacceptable loophole.” He called the situation an outrage and said that the sufferers and their families are not being given the support that they deserve.
Mesothelioma is a disease that is caused solely through exposure to asbestos fibres and there is no cure. Sufferers will typically endure extremely painful symptoms and the disease will ultimately lead to death. It is, in fact, one of several conditions that are directly linked to a substance which was frequently and regularly used in construction of buildings and, in this case, in the construction of ships. These diseases can take 40 years to fully develop which means that many that were exposed before the 1987 cut off many not yet have developed the tell-tale symptoms.
Asbestos was used by the Royal Navy in the building of its ships. Specifically, it was used to increase the strength of the ships while also offering fire retardant properties. The material was used until the 1980s when its poisonous qualities were identified and its use was stopped. However, many people were still exposed prior to this date.
The inequality is extremely harsh. Those that were exposed to asbestos after 1987 are entitled to compensation and so too are civilians that worked on the ships before 1987. However, former military personnel that were exposed prior to 1987 are not entitled to receive the same compensation. It is believed that the government will back a reform that is being led by a group of Tory MPs that will close the existing loophole and ensure that all of those affected are entitled to the same compensation.
IT Worker Sues Employer For £150,000
An IT worker from Kent is suing his employer for £150,000 after an accident left him with a misshapen right finger and unable to find work within, send texts, or use a computer mouse. The man fell down an “unsafe” staircase hitting his head and enduring a number of personal injuries. It is claimed that the old staircase and a live electrical cable combined to create an unsafe environment that led to the accident sustained by Mr Alpman while working for Music and Goods Exchange Limited.
Whilst working in the computer server room at the Music and Goods Exchange, Mr Alpman fell down a flight of stairs. According to his lawyer, the 59 year old hit his head and twisted as he fell to the ground. The accident led to a number of injuries which includes a misshapen right index finger. Mr Alpman has said that the injury is so severe that not only is he unable to use a computer keyboard and mouse but he has to get his son to send text messages for him.
Mr Alpman has issued a writ against his former employers, suing them for the sum of £150,000 because the staircase was unfit and it breached health and safety regulations. All employers are legally obliged to provide a healthy and safe working environment for their employees but the state of disrepair that the staircase was in, coupled with the live electrical cable that ran down the handrail on the left means that, according to Mr Alpman’s lawyers, he was unable to stop himself falling.
The badly injured finger wasn’t the only injury sustained by the IT expert. He suffered injuries to his shoulder, knee, hands, and spine. Extensive injuries of this nature can be commonplace in personal injury lawsuits and if it is determined that Music and Goods Exchange were negligent and therefore liable to meet the damages and compensation for Mr Alpman’s accident then the total figure could be substantial. Not only will they have to pay compensation for the injuries but may have to cover potential lost earnings.
Prior to the accident, Mr Alpman was an IT executive and at the top of his field. However, he believes that the injuries sustained put him at a disadvantage in the labour market and that they are preventing him from being able to find work. Mr Alpman was dismissed from his work within a month of the accident, which occurred in 2011, and he has been unable to find work since that date.
All employers must have employer’s liability insurance and it is this policy that is used to cover incidents and accidents such as the one suffered by Mr Alpman. If the court determines that Music and Goods Exchange, where the IT expert was employed at the time of the accident, were negligent and the injuries suffered were down to this negligence then the company will be required to pay compensation to the claimant. Mr Alpman is suing for £150,000 because of the extent of his injuries, his resulting disability, and the fact that he is now unable to find work.
