Fears about claiming against an employer
If you have had an accident at work, you may be worried about making a claim against your employer but there are many reasons why you should not fear making a claim.
How is my employer responsible?
If you have had an accident whilst at work, it may have been caused as a direct result of your employers negligence or your employer has to take the responsibility for the negligence of one of your co workers under something called vicarious liability. Common examples of both might be faulty equipment causing you to suffer an injury or your colleague leaving something on the floor that you subsequently fall over.
If you do have an accident at work, you should ensure that is recorded in the accident book (every employer should have one) and seek medical attention either from the work first aider if there is one or from your GP or hospital.
Will I lose my job?
The first thing to realise in these situations is that your employer will be insured for this sort of risk. It is a legal requirement and your employer will only be responsible for the excess, the sort of thing you pay when you have had a car accident, and for not all the compensation that could be paid to you. To some extent an employer in these circumstances will probably expect you to make a claim.
Over a million accidents a year happen at work so you are not on your own!
The second thing to bear in mind is that is illegal to dismiss you for making a claim against the company and at the very least you would have the makings of a claim for wrongful dismissal.
It is natural to feel some nerves about bringing a claim against your employer but you should remember that it isn’t personal. You have been injured, they are insured.
What do I need to do?
1. Keep full records of the accident. Ask for a copy of the accident report form and ensure that when you do complete the accident book that it adequately represents what happened in the accident. Ensure you are happy with the contents before you sign it.
2. Get the names of witnesses. Sometimes work colleagues can be reluctant to become involved it is only fair to say, but if you have been injured you should endeavour to get some colleagues to confirm what you are saying. This is less important in the straightforward case where you have been injured as a result of faulty equipment but if you can get some help from your colleagues it may assist you. Don’t be put off if they don’t want to get involved, its only natural.
3. Seek medical advice as soon as possible.
4. Keep your receipts. These can include travel and medication receipts. Keep your wage slips as well as these can show that you have been receiving reduced salary whilst off sick.
Finally seek specialist advice from an appropriately qualified lawyer or claims company who will put you in touch with a solicitor.
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