Every year, thousands of workers hesitate to claim compensation after workplace accidents, fearing it might harm their employer or jeopardise their job. However, this concern is unfounded – making a workplace accident claim is your legal right and won’t financially damage your 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 not lose wages, 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 really is the only option, and a legal right, for most people.
Understanding Employer’s 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.
Legal Requirements
Every UK employer must maintain employer’s liability insurance with minimum coverage of £5 million from an authorised insurer. This isn’t optional – businesses can face fines of £2,500 per day for failing to maintain proper coverage. The insurance specifically covers compensation costs when employees are injured or become ill due to their work activities.
Who Is Covered
The insurance protection extends to:
- Permanent employees
- Contract, casual and seasonal staff
- Labour-only subcontractors
- Temporary staff and work placement students
- Volunteers, advisers, and other support staff
It’s worth noting that some businesses are exempt from requiring employer’s liability insurance, such as companies with no employees and family businesses employing only family members. However, these exemptions are rare, and most businesses must maintain proper coverage to operate legally in the UK.
Impact on Employment
Making a claim through your employer’s liability insurance is a legally protected right. The policy exists specifically to handle workplace injury compensation, ensuring both employees and employers are protected through a formal process.
This professional framework ensures claims are handled systematically and fairly, maintaining workplace relationships. The process operates similarly to other insurance claims, with communication managed through proper channels between solicitors and insurance companies.
Managing Relationships at Work
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.
Job Security
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.
Financial Impact on Business
Small businesses can face challenges when workplace injuries occur due to the temporary loss of a staff member. However, these challenges are manageable through proper planning and insurance coverage, which is designed to protect both the business and its employees.
While workplace claims may affect future insurance costs, these increases are typically modest and part of normal business operations. According to the HSE, the average cost to employers for non-fatal workplace injuries is £1,900.
Benefits of Making a Claim
Filing a claim often leads to positive changes in the workplace. Increased enforcement activities and workplace inspections reduce injury rates and subsequent claims. These improvements benefit all employees and create a safer working environment.
Making a claim helps ensure:
- Proper medical care and rehabilitation
- Coverage of lost wages during recovery
- Recognition of workplace hazards
- Implementation of better safety measures
Under the Health and Safety at Work Act 1974, employers must protect employees‘ health, safety, and welfare. Making a claim when necessary helps maintain these standards and ensures employers fulfil their legal obligations to provide a safe working environment.
Common Concerns Addressed
The size of your workplace doesn’t affect your right to claim. Whether you work for a small family business or a large corporation, employer’s liability insurance exists to protect both parties. Small businesses are equally protected through their mandatory insurance coverage.
You typically have three years from the date of injury to start a claim. However, it’s advisable to begin the process as soon as possible when:
- Medical evidence is fresh
- Witness memories are clear
- Accident scene conditions are documented
- Records are readily available
Your employer cannot refuse a valid claim as the compensation comes from their insurance policy. The decision rests with the insurance company based on the evidence provided.
No. Your claim is a private matter between you, your solicitor, and the insurance company. Colleagues’ jobs and working conditions remain unaffected.
While witness statements strengthen a claim, their absence doesn’t prevent you from claiming. Medical records, accident book entries, and other forms of evidence can support your case.
Most workplace accident claims are handled on a No Win No Fee basis, meaning you only pay legal fees if your claim succeeds, typically as a percentage of your compensation.
Making Your Decision
The decision to pursue a workplace accident claim should be based on your individual circumstances and the impact of your injury. Consider factors such as:
- The severity of your injury and its impact on your life
- Financial losses including lost earnings and medical expenses
- Long-term implications for your career and health
- The clear evidence available to support your claim
Remember that pursuing compensation isn’t about confrontation with your employer – it’s about accessing your legal right to support and compensation following a workplace injury.
If you’re unsure about any aspect of making a claim, consulting with our specialist workplace accident solicitors can help clarify your position and options without any obligation to proceed. They can assess your case’s merits and explain the specific processes and protections available to you. To get some help, please leave a question below or call us on 01225 430285, or we can call you back.
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