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I was injured at work, what are my rights?

If you’re hurt at work or at a job creating illness, you may be caught between your the loyalty of employers and the necessity of looking at yourself. If you’re contemplating filing an injury claim at work It can be difficult to determine what to do and how to handle the situation with the correct manner to ensure that all parties are satisfied with the way in which a claim is completed. Knowing your rights under the law as well as where you stand, and the responsibilities of your employer and will allow you to understand the situation better and avoid any miscommunications.

My workplace accident has left me injured What rights do I have?

In the UK In the United Kingdom, you are entitled to the same legal rights regardless of whether you’ve suffered an injury at work or suffering from a work-related illness or are suffering from a condition like carpal tunnel syndrome for instance. It is essential to know your rights to ensure that you are able to take care of your recovery and work for the future.

The law states that all employers are required to take a certain amount of care to ensure the wellbeing of their workers no matter what you are employed by or what you’re doing, from offices to construction sites, and residential care centres to NHS and more, regardless of whether you’re a temporary worker for an agency or full-time staff, or self-employed.

If it is proven that the employer was negligent and you suffered injuries because of it one of your rights is to file an claim for injury. If you’re seeking to make a make a claim due to an accident that occurred on the job, our lawyers will swiftly inform you whether you’re entitled to a claim.

Below is a general strategy you should adhere to if in a workplace accident and are thinking of the possibility of filing a claim

Take medical care

If your employer tries to hinder the employee from seeking medical care it is in violation of law and acting in a way that is not legal. Many workplaces will have an official designated to provide first aid should there be injury. It is recommended to see this person but make sure you visit either your GP or your local A&E department. In the same way, if you have an illness it is best to first consult your GP.
Keep track of the accident details

In the event that you’re dealing with an occupational illness, make sure your employer is informed of this. If you’re injured while at work, make sure you keep the information in the company’s accident record book.

If you haven’t completed this yet, don’t be worried we’ll assist you with this.

If your employer isn’t willing to record the incident or allow you to look through the record, there’s steps you could take. In general, entries for accident books should be completed within a matter of minutes, and the party who suffered the injury should be able to contribute to what’s written and only sign the entry after they are satisfied with how the incident was recorded. If applicable, prior complaints or remarks from management to staff regarding the potential dangers that could arise from the accident at hand should be recorded.

The injuries need to be described and the reason for them listed. For instance: “Joe has suffered a severe laceration on his right hand and three fingers after it got stuck in the cutting machine located on the floor of the factory. The safety guard was damaged and could not be repaired despite personnel notifying Management of the problem. An ambulance was called, and Joe was taken to Hospital to be treated. The incident has been disclosed by Management”. The person who was injured must request an official copy of the entry in the accident book.

Don’t worry that reporting the incident could damage the image of your business. Your employer is accountable for your security. Notifying the incident immediately to your employer will assist them prevent accidents like this in the future by taking appropriate precautions for safety.

In the event of an incident, the employer is legally obliged to report the incident through RIDDOR and the Incident Contact Centre within the HSE. Because your employer is accountable for reporting the incident to the HSE You should be sure to verify that it has been reported.

Confirm your sick pay

Some employees may not get full compensation if they take sick leave, typically, your employer will place your name in Statutory Sick Pay (SSP). While SSP isn’t an income that is living however, it may be enough to get you by. Be sure that your employer has signed up you to SSP. If you’re not sure about this, call the local office for benefits.

Understanding your rights is essential in the event that you’ve been injured by a workplace accident that wasn’t at fault, you may be able to claim compensation to cover your sick pay as well as cover the costs.

Make sure you attend medical appointments

If you’re returning to work and you are still receiving outpatient treatment to treat your injuries, for example, physical therapy or visits to an expert the employer must allow you to participate in the same.

It is important to take your time recovering

Removing yourself from your job to assist your recovery won’t only help you reduce the amount of time you’re injured, it will can also help your employer by allowing you to return to your full tasks as soon as you can. Should your boss is trying to force you to return to work if they are looking to retain your job and you are not sure, you must get legal advice on this matter. Unfit employees are risky employee. Not only are you putting at risk your health by racing returning to work. You may be putting at risk to the well-being of coworkers.

Seek light duties

The act of removing yourself for a period from the circumstance that is causing the issue may assist. This can be done for psychological traumas, like stress, in addition to physical injuries. If your job typically is characterized by physical work, like heavy lifting as well as carrying, climbing, or standing for extended durations the employer is to allow you (where feasible) by allowing you to return to work with less responsibilities until you are fully recovered. It is possible that you normally are employed in a heavy lifting position, but an injury to your back prevents you from doing so for a period of time. If your employer is able to accommodate you at their office for a couple of weeks to perform less demanding duties, you are able to return to work and make your regular pay.

Claim injury compensation

You have the right to file a work accident compensation claim if you have suffered an illness or injury at work as a result of the negligence of your employer. They are legally responsible to provide an appropriate and safe working environment for their employees, and also to prevent any injuries that could be foreseeable that are psychological or physical.

If a personal injury claim is successful, the case can eventually see the claimant receive a settlement for their injuries, their ongoing treatment and for any particular damages, which cover expenses like loss of income.

Have you got the power to file a claim for a workplace injury?

Even if you’ve been injured at work it doesn’t mean you are eligible to file a claim for compensation for personal injuries. The employer has to be the one to blame. In most instances it’s fairly easy for us to determine the probable outcome of any claim. We’ll determine whether it is possible to prove the employer was responsible for your injury, and failed with their duty to care and thus liable for compensating you for your injuries as well as any other losses you might be able to incur.

Every accident is unique in its own way each one is unique, and no two injuries are alike. Therefore, it is essential you seek professional guidance to determine whether you’ve got an actual claim. But, there are fundamental guidelines that will assist you in determining your position in regards to the validity of a claim, or not:

Did you get the right training? (this may be related to manual handling, or other related training to your job).
Did you receive an induction into the workplace? This could include information on the best practices for managing accidents and safety exits, hazards avoidance , etc.
Did you receive or instructed on which PPE to use to do your job without injury?
Did your employer permit you to work with defective equipment?
Did you know how to report your injuries and how to get access to an accident guide?
Was your environment safe? For instance did it not contain dangers that could cause an accident at work?
Did your employer respond to warnings of possible risk for employees?

There are a variety of ways that an employer is responsible. Look at the questions at end of this article for instances of actual work-related accident claim scenarios.

Threats to pressure employees – employer pressure are in violation of the law

One of the most common concerns for many is how making an injury claim could affect their employer. This worry can be played on and, as we know, you could be put under pressure from your boss not to file an action for compensation for personal injuries.

Employers who are liable because of their negligence for accidents that happen in the workplace do not have any right to stop employees from filing claims.

The law is aware of this, and safeguards your rights in these ways:

It is not legal that your company can dismiss you in the event of a complaint being in the process of being evaluated in the event that they decide to do so, and you could be able to file a claim against unfair dismissal.
Similar to that, if your employer makes threats or other pressures make you want to quit work, you could be able to claim constructive dismissal.

In such a case it is recommended that you seek advice from a lawyer or your local citizens ‘ advice bureau.

The choice of whether or it is appropriate to file a lawsuit lies on the employee who has been injured. If the injuries are not serious and will not cause issues in the long term and the injured worker is able to remain employed and thus do not lose money or benefits, they might decide not to want to pursue claims for compensation. But, if the injuries are much more severe and a loss of work an injury, exercising your right to claim an award of compensation will be the sole option available to the majority of individuals.