How does claiming injury compensation affect my employer?

15 questions have been answered below, why not ask your own?

When an employee is injured in an accident at work, the injured person is often left in a quandary as to whether or not they should pursue a claim against their employer for Personal Injury Compensation.  Employees often feel a loyalty to their employer and worry that making a claim against the company, could cause the business financial hardship or lead to their colleagues to lose their jobs.  As well as knowing what to do after an accident at work, in terms of reporting the matter, seeking medical attention and worrying about letting colleagues down, the employee often worries about how a claim could upset the apple cart.  An accident at work can have a big impact on a workers life.

Obviously, such loyalty is misplaced.  When making a claim, the claim is made against an insurance policy. In the case of an accident at work, it is against Employers Liability Insurance policy, rather than directly against the business itself.  Of course, there is usually an excess to pay, but the injured party must remember that they were injured through a negligent approach to the management of Health & Safety in the workplace and that their injuries and often, an inability to work as a result, was not their fault.

Accident at work victims need to be aware than their colleagues will never know that they have made a claim (unless they wish to disclose this themselves) and that in most circumstances, their line manager will also not know.  The process of claiming is straightforward and confidential.  Following an accident at work, a claimant will receive medical attention and then appoint one of our Specialist Personal Injury Solicitors.  The Solicitor will then issue a letter of claim to the employers 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, but they will not be allowed to discuss it with the claimant as all correspondence has to be directed through your chosen Solicitor.

So claimants can ease their worries about claiming after an accident at work.  The whole point of claiming is to seek some justice and receive compensation for your injuries and losses, including lost income.  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.

15 questions have been answered below, why not ask your own?

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Questions & Answers


  1. Darren

    I fell from a ladder after it slipped. A workmate was supposed to be footing the ladder but walked away. The ladder was too short for the task and I was on the second to last step. I came down from around 3 meters and landed on my right side. I had bruising to my hip and ankle and suffered a broken shoulder which seems to have left me with nerve damage. I am waiting to see a specialist. If I was to make a claim would it be against my workmate or my employer? I don’t want to get him in trouble!

    I told my boss that I fell because I was over reaching because my workmate said a few days after the accident that that is what happened but my hospital records state that the ladder slipped. I was confused and in a lot of pain when I went to a&e but I genuinely thought that the ladder slipped.

    Reply
    • Ian Morris

      If you were to claim, it would be against your employer and their employer liability insurance cover. Whilst your colleague shouldn’t have walked away, you would not be claiming against them.

      Reply
      • Darren

        Is this something that you could help me with

        Reply
        • Ian Morris

          We can certainly assist in the process of further evaluating whether or not you can proceed with a claim for compensation after your accident at work.

          The first point of action is for you to speak with our team so that we can take some initial basic information from you so that we can then present your claim enquiry to our specialist Solicitors so that they can review the details and contact you directly to discuss this matter with you and advise you further regarding pursuing a No Win No Fee claim for compensation.

          Reply
  2. Amy

    I’m a hairdresser and I slipped on a leaking basin that hadn’t been fixed properly,I fell hard and bashed my knee and hurt my back I have been suffering ever since. Can I make a claim if I haven’t been to see the Doctor about it? It happened 4 weeks ago. Also will my employer suffer from this financially if I did make a claim?

    Reply
    • Ian Morris

      You describe an accident at work scenario in which it is easy to see that the employer has been negligent. The cause of the slipping hazard was a leaking basin that had not been fixed properly. The employer has a responsibility here to ensure that the workplace is safe and by allowing an ongoing slipping risk to remain present, they have been negligent.

      The fact that you have not yet seen a GP is not a particular issue, but you should seek a medical appointment at the earliest opportunity and advise your GP that your injury was sustained at work as a result of a slip on a wet floor from a leaking basin.

      If you were to claim – and to be honest, you’d have every right – your work would not be affected and your employer would not be personally impacted as the claim would be against their insurance cover and not against the business owner.

      We would happily pursue this claim for you.

      Reply
  3. Walter

    I had an accident at June 19th 2018, my job did not want to cooperate with me because of my injury saying that I caused the accident with another bus, but I was still hurt on the job. I left the job because I was under a lot of stress, from now I’m getting ready to have an operation that’s going to keep me out of work for my new job for 3 months, can I still proceed with this case?

    Reply
    • Ian Morris

      The fact that you no longer work for your former employer has no impact on whether or not you can make a claim for compensation. The important facts are that there was an accident and that it was recorded with the employer and medical treatment was sought. If those criteria are met (and to be fair, the medical treatment issue is not totally vital), you can seek to make a claim for compensation for the injuries you sustained in an accident at work. Whether or not you can succeed with a claim will depend on the cause of the accident and by being able to demonstrate employer negligence.

      Reply
  4. Marzena

    Could I claim against my employer for accident at work and from my own personal policy that i pay on the monthly basis ?

    Reply
    • Ian Morris

      You could make a claim against your employer for compensation should you feel that your injury in the accident at work was caused by employer negligence. If successful, you could claim compensation for the pain and discomfort of the injury, the costs of any rehabilitation therapy or medical treatments and any loss of income.

      Whether or not you can also claim from a personal policy will depend on what cover you have.

      Reply
  5. James

    Hi,

    I had an accident when doing outside catering for a restaurant business.

    The gazebo had part of its supports snapped off from a previous outside catering. I was lifting something heavy and was unaware of the sharp support and cut my neck.

    Although I didn’t need any stitches the the paramedic crew had to support the cut as it was bleeding heavily. I also had to have a tetanus boost a few days later due to the sharp support being possibly rusty which left me feeling unwell for a day which I had a day off work.

    It has now been about 2 months on and there is visible scarring to my neck where it has healed. The scar is about 8cm in length. I believe this to be permanent.

    As this is my current employment and it is a small business I have been reserved as the last thing I want is for it to have a major impact on the business and staff however reading this article has helped me a little to see it may not have too much impact.

    I am just interested to know what or if I have a claim and whether it would be worth my time pursuing.

    I can supply photos if needed to help support this.

    Thanks for your help.

    Reply
    • Ian Morris

      The simple answer here is that you have a valid claim for compensation. The employers failure to have the gazebo repaired or the risk to health (the sharp broken piece) removed, makes them guilty of employer negligence and as such, you would likely win your claim.

      The concerns you have regarding the effect or impact of any claim you may make on the employer is a common issue that we discuss with almost all claimants who were injured in an accident at work. No person wants to jeopardise their colleagues or employers income or business and as such, it is totally understandable that you would be worried about making a claim. However, your worries need not prevent you from exercising your legal right to make a claim for compensation. Any claim made against an employer would be made against their employer liability insurance policy. As such, the claim would not impact directly on the business, the personal finances of the employer or jeopardise any persons work. Of course, the business may face a small excess on the claim (as with all insurance claims) and will have some paperwork to deal with during the claims process. However, you need to consider the scarring to your neck and the distress that this has caused to you and your long term interests ahead of those of your employer.

      We would be very happy to answer any further queries you may have about making a claim or indeed pursue your claim for personal injury compensation. Please feel free to call us on 01225430285 or use the ‘start a claim’ page of our website to get further assistance. Our article on facial injuries might also give you some further info on compensation amounts.

      Reply
  6. Paul

    Stitches in my leg from work accident but company are paying me, advise please.

    Reply
    • Ian Morris

      Whether or not you receive your usual income after an accident at work will not impact on your right to make a claim for compensation. Anyone injured in an accident at work has the right to make a claim for compensation against their employer if they believe that the cause of the injury or accident rests with employer negligence. Employer negligence may include a lack of training, inadequate equipment or perhaps a dangerous working environment. Employers have a legal obligation under UK law to ensure, so far as possible, that the risk of injury presented by a working role are properly assessed and that all reasonable steps have been taken to reduce the risk of injury. Therefore, in your case you may well have a valid claim for compensation.

      We’re very happy to help you pursue your claim further. Please contact us further in order that we can discuss your situation in more detail.

      Reply
    • Ian Morris

      How did you sustain the laceration to your leg? It is good that your employer is paying you in full as this saves you the added stress of coping with a loss of wages after an accident at work. However, receiving pay will not prevent you from being able to pursue a claim against the employer for the injury sustained and the impact that such an injury is having on your life.

      It would be wise for you to contact us further so that we can appropriately consider whether or not you can make a claim for compensation.

      Reply
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