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Accident At Work Claims - Personal Injury Guide UK

If you are an employee of an organisation, there are certain obligations that are imposed on your employer. There are many things that your employer will be expected to do for you, but chief among these is to ensure that you are working in a safe environment. If you have suffered an accident in the workplace you may be entitled to compensation. Call on 01252354412 for reliable , experienced advice , or fill out the form below .

Claim for an Accident at Work -Guide

Every year many people are involved in accidents at work. Depending on your working environment, the risk that a certain kind of accident may happen might be particularly high. Regardless, the law has been designed in such a way as to require that your employer take certain steps to ensure that you are not exposed to unnecessary risk. This guide will tell you everything that you need to know about being involved in an accident at work.

What is an 'accident' at work?

It may sound like a simple question, but many people are wary to call the small mishaps that can and do happen every day in the workplace an 'accident'. There is no strict legal definition for an accident at work. Quite simply, if you suffered because something happened that otherwise should not have taken place then you were involved in an accident. This can range from a slip or fall in a corridor that has recently been mopped to being injured when using a piece of machinery that was found to be faulty, or in need of repairs. If you are in any doubt about whether you are in a position to make a workplace accident claim you should call on 01252354412 where you will be advised about your situation and whether a claim is appropriate .

What are your employer's rights and responsibilities?

If your employer has hired you as an employee then their rights, in terms of what they can expect from you will be laid out in your contract of employment: your hours of work; the nature of your role; procedures for granting holiday requests; their payment of tax and national insurance on your behalf etc.

However in entering into an employer-employee relationship with you, they are expected to meet certain conditions under that very same contract. These requirements are not written down in your contract: they are called implied terms and exist because your employer engaged you as an employee. As a matter of law, your employer is required to take reasonable care for your safety. This is quite a broad obligation that the law imposes on your employer and it includes:

  • Taking reasonable care to provide you with a safe environment to work in; and
  • Taking reasonable care to give you equipment that will allow you to perform your duties Lawyers often describe this as 'proper plant';

Your employer's obligation to take reasonable care for your safety is a general one, meaning that it not only applies to you and what you do in work, but also how you do your job i.e. telling you when to use safety equipment and showing you how to use them.

It is very important to note that your employer's responsibility to protect you from harm is not limited to physical harm, and also includes psychiatric harm. This does not mean that your employer will not be fulfilling their obligations if you are struggling with your role – employers are entitled to expect that their employees can cope with the day-to-day chores of their role. There will however be reason for concern if your employer knows that you are particularly vulnerable to mental fatigue, and has not taken measures to account for this.

You should be aware that there are limitations as to what your employer can be expected to do, and the law reflects this. All that the law requires, generally speaking, is that your employer maintains the standards of a reasonable employer. In other words, your employer will not have breached their legal obligations if they fail to prevent anyone from ever being harmed – that would be impossible and would be a disproportionate obligation that no employer could ever meet.

Need more advice? Call free today 01252354412

What are your rights and responsibilities?

As an employee you owe certain responsibilities to your employer and, basically, these are essentially the terms of your contract of employment. You have a responsibility to perform all of the duties laid down in your contract; adhere to the working hours; follow procedures for holiday allocation etc.

In terms of the rights that you have as an employee, they mirror the responsibilities of your employer. You have the right to expect that your employer will discharge all of their responsibilities that they owe to you, as outlined above.

What options are available to me?

If your employer fails to discharge their obligations towards you, i.e. to take reasonable care for your safety, and you are injured in an accident at work then the law provides you with two distinct options:

  1. By failing to take reasonable care for you, your employer will be in breach of implied term of your contract. As a result you have the option to stop working and to file a claim against your employer for damages; or
  2. If you have suffered physical or mental harm, because your employer didn't do what they were obliged to do i.e. they were negligent, you could bring a claim a personal injury claim against your employer.

While it is true that you do have two alternative options that would allow you to mount a claim against your employer, there is a caveat to this. The law will not allow you to be compensated twice for the same injury. In other words, you will not be able to claim against your employer for a breach of contract and mount a personal injury claim in respect of the same accident – you will have to decide which option best suits your circumstances. For advice about your situation and making a claim call 01252354412 or fill out the form below .

Need more advice? Call free today 01252354412

Key points

  • Accidents happen in workplaces every day all over the UK
  • There is no legal definition for an accident. They include small slips and falls, to more severe injuries.
  • Both you and your employer have rights and responsibilities that the law requires to be honoured
  • Your employer is required to take reasonable care for your safety at work
  • You are only entitled to expect that your employer takes reasonable care – they are not expected to prevent an accident from ever happening
  • There are options available to you if you have been injured in an accident at work, but your circumstances will highlight which of these is most suitable.,

If after looking through our guide, you’d like further accident claims advice relating to a potential compensation claim, please get in touch 01252354412. Friends Legal can give you the advice you need wherever in the United Kingdom you are based (including London, Manchester, Birmingham, Leeds, Liverpool, Bristol, Edinburgh, Glasgow, Aberdeen & surrounding areas). Please click here to find out how to make a claim for an accident at work in Aberdeen.

 

Discuss your position for free today. Call free on 01252354412. The contents of this guide are not intended to constitute legal advice and you are strongly advised to seek independent professional advice on matters that affect you. If you need expert advice from experienced legal practitioners, contact us today.

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Last Updated

Tuesday, 14 November 2017

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