Injured whilst working abroad
If you have been injured whilst working abroad you may be entitled to compensation and you should seek legal advice regarding this as soon as you are able to do so.
Workers are entitled to assume that if they are sent abroad to work, their employer will take out an appropriate policy of insurance. Unfortunately this is often not the case. They also assume that if they are injured, they will be able to pursue their employer for those injuries. Regrettably injuries abroad are not always that simple and a worker injured in these circumstances should get appropriate legal advice.
The contract of employment is the starting point as are any documents specifying who has the day to day control of a workers jobs. Employers cannot jsut delegate responsibility for their workers to another foreign company but some of these cases can get involved with arguments arising over who had responsibility and which countrys laws are applicable.
Generally speaking if your employer retains responsibility for your salary, tax and National insurance then your first line of enquiry (or those of your solicitor) will be to them.
Any employer sending members of his workforce abroad has to satisfy himself that the working conditions are safe, that his employees have the correct level of training and experience, the level of risk and his knowledge of the condition of the place of work.
If the employer is based in this country and it can be established that they have failed in their duty of care to you, then a claim will lie against them in the English judicial system.
Workplace accidents can be caused by the actual working conditions, poorly maintained equipment, failures to comply with health and safety rules, inadequate training and supervision and negligence of fellow workers. Any of these can give rise to a claim and depending on the circumstances, and the element of control, liability could rest with your employer or against the owners of the premises where you had your accident.
Many workers go abroad to work on construction sites and as in this country, accidents can and do happen. Your employer should have made sure that the site conditions are safe and that you have been correctly trained for the job. He should also satisfy himself that the equipment that will be used is safe for the job. Your employer cannot abdicate responsibility, he has a duty to ensure that your working conditions will be safe and if you can show that he had sufficient control, then a claim will lie against your employer in this country.
If you are injured abroad, you should seek legal advice as soon as possible. Whilst the chances of bringing a claim against your employer are higher if you can show he retained some control of your working environment and continued to pay you, there are circumstances in which the foreign company may have responsibility and as time limits for bringing claims varies from one country to another, you should not delay.
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