When an employee is injured they are often left in a quandary as to whether to pursue a work accident claim against their employer. They worry that making a claim could cause the business financial hardship, or lead to colleagues losing their job.
Most of the time, these concerns are unfounded.
Your employer has liability insurance
When it comes to work accident compensation, a claim will be made against the employer’s liability insurance cover rather than business itself. All employers should hold insurance to cover their staff should any accidental injuries arise.
The claim will be addressed to the insurers of the employer. The insurers and your solicitor will then handle the claim in the same way as any other insurance claim is handled.
Will my manager be involved in the claim?
In most circumstances, your manager and colleagues will never know that you have made a claim unless you tell them yourself. The process of claiming is straightforward and confidential. Your solicitor will issue a letter of claim to the employer’s insurers and it will be the insurers who will handle the matter rather than the employer.
Of course, someone in the company will be asked for their version of events and for a copy of the accident book, so the employer will be aware that a claim is being made. Unless the claimant wishes to talk about it, the employer will not be at liberty to discuss the claim as all correspondence has to be directed through your chosen solicitor.
Will I get sacked for claiming?
Fears about job security can be played upon, and we understand that you may be placed under pressure by your employer NOT to pursue a claim for personal injury compensation.
Employers that are liable on grounds of negligence for accidents at work and injuries sustained in the workplace have no right whatsoever to prevent an employee from pursuing a claim. Indeed, it is illegal to imply redundancy or the sack will follow if a claim is made, whether by threats or other pressure, and any employer doing so could face additional legal action on that as well.
The benefits of making a claim
The whole point of claiming is to seek some justice and receive compensation for your injuries and losses. Fellow employees will not be affected, the only effect it will have on an employer will be for them to tighten their Health and Safety management policies in order to prevent their insurers from hiking their premiums the following year. Therefore, it is fair to say that pursuing rightful claims can actually improve the workplace for fellow employees, creating long term benefits rather than damage to the employer.
Clearly, the decision as to whether or not to pursue a claim rests with the injured employee. If the injuries are minor, will cause no long-term problems, and the employee can still work and therefore not lose wages after an accident at work, they may well decide that they do not wish to pursue a claim for compensation. However, where the injuries are more serious and an inability to work follows, making a claim for compensation really is the only option, and a legal right, for most people.
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