Does any accident at work let you claim personal injury compensation?

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Just because you have been injured whilst at work, it doesn’t necessarily mean that you will be entitled to make a claim for personal injury compensation. To make a successful claim the injured employee must be able to demonstrate that the employer was liable and exposed the staff to risk of injury rather than it being their own fault. It’s not always easy to know where you stand so here we look at common themes among valid work accident claims.

Table of contents

Have you got a valid work accident claim?

All work accident claims and causes of injury should be reviewed on an individual basis. However, there are some basic pointers that can help you identify where you stand regarding the strength of a claim or otherwise. They key is to be able to prove that your employer was liable for your accident and therefore responsible for compensating you for your injuries and any other losses that you may incur.

  1. Did your employer ever give you any training?

    This could relate to manual handling training, specific training to use certain machinery or other job relevant training? If the answer is no, your employer has breached health and safety guidance already.

  2. Were you given an induction to the workplace?

    This would include guidance on accident management protocols, safety exits, hazard avoidance etc.

  3. Did you have the correct protective equipment?

    Were you provided with, or advised what personal safety and protective equipment you should have to complete your job safely? If the answer is no, your employer could be liable for your injury.

  4. Were tools and equipment fit for purpose?

    Did your employer adequately maintain equipment and service machines?  Did they ensure that safety guards and mechanisms worked?

  5. Did you know how to report an accident?

    Were you advised how to report accidents and how to access the accident book? The injured party wishing to claim must ensure that the details of their accident and injuries have been correctly reported and recorded.

  6. Were there enough staff to maintain safety?

    Did the employer ensure correct staffing levels and an adequate amount of first aid trained staff?

  7. Were reported risks taken seriously and made safe?

    Did your employer act upon reports of potential risks of danger to employees?

The above is just a guide and there could be many more ways in which an employer would be liable.

Taking responsibility – who is at fault?

Employees and employers alike are bound by the rules of the Health & Safety at Work Act. Both parties must ensure that their actions do not put others at risk, with the employers having responsibility for training and equipment management/usage. To answer the question, ‘does any accident work enable a claim for accident at work, personal injury compensation?’ The answer is a definitive no, as not every injury warrants a claim!

As stated, to succeed in claiming accident at work compensation from an employer, the injured party would have to demonstrate that their employer failed to ensure their safety in the workplace, that they breached health & safety protocol and could have avoided the accident if they had done things properly.

For example, let’s take a worker in a factory, using potentially dangerous machinery to do their job. Unfortunately, the employee has had a really nasty accident with the machine and will be off work for quite a while. Is he entitled to make a no win no fee claim for personal injury compensation? Here are two scenarios, the first where the injured party would NOT be entitled to claim and the second, where they would.

Example 1 – when an employee is at fault and can’t claim

A worker works in a factory for a company. The worker was properly trained by their employer to use a dangerous machine safely and the training was regularly repeated. The worker’s use of the machine was also monitored on occasion by a supervisor.

The employer also made sure that the machine was fit for purpose with regular servicing and had all the relevant parts fitted such as a safety guard. The employer gave the employee the correct equipment to do their job safely, provided the employee with all the relevant protective clothing and did not pressurise the employee in to cutting corners by not using their training, work practices and equipment provided.

The staff member then opted to NOT follow the instructions of the employer, or use the safety equipment that had been provided and had a nasty accident and injury from the machine as a result (such as removing the safety guard to enable quicker working and crushing or lacerating their hand/arm). In this case, the injury and accident would entirely be the fault of the employee and not the employer. Therefore, the employee would not be entitled to claim accident at work compensation.

Example 2 – when an employee is not at fault and can claim

A worker working in a similar factory, but for a company that hasn’t provided the employee with any training to use the machine, hasn’t provided relevant safety clothing and equipment and doesn’t service the machine to check it is safe to use. If the employee then gets injured, crushing and lacerating a hand because they were allowed to use a dangerous machine without being given the knowledge of how to do so safely, the employer would be in trouble and fully liable. The claimant would have had a nasty accident at work and be completely entitled to make a claim for compensation.

It comes down to sensible management of potential dangers.

How we can help

Hopefully, you have found this information useful to you when deciding about your claim. It’s also helpful to know your rights after a work injury and what responsibilities your employer has regarding injuries at work.

The most important thing to do, once you’ve received medical attention, is to find out where you stand. In most cases, it is relatively easy for us to evaluate the likely outcome of a claim for workplace accident compensation, so we advise you to contact us and discuss the details of your accident and injury, just leave a question below or call us on 01225 430285, or we can call you back.

We can help to make sure that the details of your accident have been recorded properly and by the right people. We can help you to understand the claims process, how the costs of making a claim on a no win no fee basis are met and whether claiming compensation after an accident at work can impact on your employer or colleagues.

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Comments & Questions

Read on for questions and advice about claiming...

Hi, i am an hgv driver, i recently slipped off a step getting out of a lorry in the correct manner lost my grip and fell backwards into the road injuring my head i was taken to hospital and found to have a small bleed and bruising to the brain i spent four days in hospital an am now at home recovering very slowly. I dont blame anyone for the accident but am only recieving ssp and dont know if i will ever be fit enough to return to work, any advice would be appreciated.

Ian Morris

If you slipped off the step because of employer negligence you could seek to make a claim for accident at work compensation. In the situation you describe this would be that you lost grip due to a fault with the vehicle step or handle that was known by the employer and had been ignored. This would be a worn step surface, a lack of non-slip surfacing or a failure of the employer to ensure that you were adequately trained and qualified to use the vehicle. To succeed with a claim for accident at work compensation you must be able to attribute the cause of your accident to negligence on the part of the employer.

Your employer is not obliged to pay your salary whilst you are off and as you are only receiving SSP, the only way you can seek to recover your lost income would be by succeeding with a claim for accident at work compensation.

Reply

Hi I took a lad I look after on a working holiday skiing , I was snowboarding he has physical disabilities we arranged a tandem ski for him and like I say I was on my board I came off at around 30/40 mph. I ended up getting back to the uk and spent almost a week in hospital with a lacerated liver, bruised bowl and I damaged some vessels, I am off sick still after a month – it’s left me feeling shocking and shaken up.
To add to matters the young man and his mother are giving me hell for not sending in a sick note within 7 days despite knowing how bad I was, which is leaving me feeling depressed and not wanting to go back to work.
Do I have a claim?

Ian Morris

Our initial view is that you can’t make a claim for the injuries you have sustained whilst snowboarding. Clearly, snowboarding is a potentially dangerous activity and no level of training or advice can remove the risks of injury presented by the sport. As such, although you may have been working, we can’t see how you could establish employer negligence in this case.

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I recently hit my finger at work against a stationery digger and have had to remove the tip of my index finger. I have been to the hospital etc I was working for the company for only 2 days as an induction when this happened. Will I be able to make a claim?.

Ian Morris

We would like to speak with you to find out more about the accident and how you sustained such a nasty and permanent injury. We need to find out about what training you were being given, what induction you had received and what personal protective equipment you were provided with or required to wear.

Your injury is clearly serious and you should therefore allow us to investigate the prospects any claim for compensation you were to bring would have. Please email your contact number to us at: justice@direct2compensation.co.uk and we’ll call you to take some basic information and help you find out more about your rights.

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Hi I had an accident at work on 9th November whereby I was coming down a stairs and at the end of the stairs I had to take a few steps towards a door that was glass with a timber frame surrounding it. No stickers on the door. Normally this door is opened and has a white box kept against it to keep it open . This box was at the end of the stairs and I thought the door was opened and went straight to go through. I banged my head of the door and got an undisplaced broken bone in my nose . Am I entitled to claim?

Ian Morris

We have successfully pursued very similar claims in the past where people have been injured as a result of colliding with clear glass panels that have no marking on them to warn that they are present. Whilst it may seem obvious when thinking with the benefit of hindsight, when a large glass panel is particularly clean it can be invisible and as such, it is important that hazard warning markers – usually a large white circular sticker – is applied to the glass panel at regular intervals, both at adult and child eye level height. This provides a warning and visual indicator that there is not a clear way through due to the glass.

In your case, we think you should let us present your claim for compensation to our specialist Solicitors for consideration. If there has been a report made of the accident in your employers accident book and the lack of any stickers or markers on the door can be shown – perhaps by way of a photograph if you can take one, or the statement of a witness or the accident book, we think you would have good prospects of succeeding with a claim.

Reply

Hello

I recently cut my finger at work whilst polishing a wine glass which snapped in my hand. The glass city into a tendon on my finger and required an operation to fix and follow up physio therapy. Would I have grounds to make a claim?

Ian Morris

We have a number of identical claims running at this time and have had success with a good number of them. I think it is worth putting the specifics of your claim to our specialist Solicitors so that they can advise you further.

Reply

Hello

I recently had an accident at work where I got my finger trapped in a door and I required an operation due to my nail being badly damaged. The door had a fault where the slow closers were not working properly and my company has admitted this and now fixed the door. They have said however that as no one ever reported the door being broken they are not liable as it is my own responsibility to report hazards at work. Is this correct or can I make a claim?

Ian Morris

Your employer has a responsibility to repair items that are reported as faulty and employers should always report faults if they notice them.

In this case, if your employer was not made aware of the fault with the door, they may have a defence to the claim. However, much will rest on what training they have given you regarding making sure you know of your responsibilities to report faults and how to do so. Also, the employer cannot simply rely on employees to report faults and should carry out periodic inspections themselves.

We would certainly be happy to investigate your prospects further and would be keen to pursue this claim for you.

Reply
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