12 questions have been answered below, why not ask your own?
In most cases, the answer here is yes. The details, however, will depend on the situation.
Workplace injuries can be as stressful as they are painful. If you’ve been unfortunate enough to suffer a serious injury at work, it’s easy to start worrying about your recovery time, your career prospects, and your pay.
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Can I claim for more than Statutory Sick Pay?
Yes. Statutory Sick Pay is the most common form of payment following a workplace accident – and there’s a high chance you’ll qualify to receive it. Some employers may even have a scheme in place that offers a more generous form of sick pay. If your employer has no such policy, it’s important to remember that you have the right to more than Statutory Sick Pay.
Knowing your rights is key – and the good news is that the law is straightforward. If you’ve been badly injured in a workplace accident that wasn’t your fault, you should be treated fairly and allowed to claim for compensation to cover your costs and losses. Depending on your specific situation, you can claim for loss of earnings, treatment for your injuries and any other associated costs. We’ll be able to advise you on exactly what compensation you should be due.
This applies regardless of your employment status at the time of the accident, whether it be full-time, part-time, self-employed or on a zero-hours contract. If the injury occurred in the workplace – or while you were working for an employer in an off-site location – it’s likely you’ll have the right to claim.
What kind of accidents does this apply to?
In brief, any injury which has been caused by someone else’s negligence. This can also apply to psychological injuries.
Examples of injuries caused by someone else’s mistake or negligence:
- You slip badly on a trip hazard left carelessly by a third party
- You fall from a height due to a faulty ladder
- You suffer from hearing loss or tinnitus after being exposed to repeated loud noise
- You injure yourself due to receiving substandard equipment training
- You receive a burn injury from a spillage of hazardous chemicals
- You suffer persistent and unwarranted bullying, causing mental trauma
- You’re struck by a falling object
The examples listed here are seven of many. Potentially dangerous situations can arise in almost any line of work – although be aware that if the fault for the accident lies with you, it would not be possible to pursue a claim for additional compensation.
If you have any doubt as to whether you’re in a position to make a claim, feel free to get in touch. We’ll always give you fair and honest advice.
What steps do I need to take if I’ve been injured?
Clearly, your first priority should always be your wellbeing. If the injury is a severe one, you should immediately seek medical help or call an ambulance.
At your earliest opportunity, however, you should ensure that a written record has been made of the accident. In most cases this will be in your employer’s Accident Book (companies of more than 10 employees are legally obliged to have one), but if this is impossible, you should put it in writing by other means. Never sign an inaccurate Accident Report, or one you haven’t read.
The report should include as much detail as possible, including when, where and how the accident occurred. If it’s possible to take photos of the relevant location, or even the aftermath of the accident, always do so; photographic evidence can be extremely valuable in supporting your case. It’s also very useful to obtain contact details for any witnesses to the accident. Colleagues might be able to gather the relevant information for a report if your injury prevents you from doing so.
If needed, you can also escalate your report to the Health & Safety Executive (HSE). The HSE’s Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (known as RIDDOR) mean your employer is legally bound to report certain workplace accidents to the HSE.
And if, for whatever reason, you’ve been unable to create any sort of written or photographic record, don’t panic. We deal with all manner of different personal injury claims, and we’ll always be happy to advise on your own particular case.
Should I also provide medical evidence?
Absolutely. This is a key part of any claim. Always seek medical advice following an accident, as a professional opinion or record of treatment will greatly help to back up your case. Don’t forget that GPs are often available for phone or online appointments if it proves too difficult to get to a surgery or hospital.
Don’t despair, however, if you’ve been unable to source a professional medical opinion. We can talk you through any questions you might have. You may still be in a position to make a claim.
Should I be worried that a claim could damage relations with my employer?
Experience has shown us that most employers will view a valid claim in a reasonable way, so don’t let fear dissuade you. Remember too that any compensation payment is likely to come from an insurance policy rather than the company accounts. However, it’s true that in a minority of cases, there are instances where employers take a claim personally and make life difficult for their employee – should this happen to you, and you feel you have no option but to leave, you may well have a case for constructive dismissal. For more information, see our feature Can I be sacked after an accident at work?
Let us help
Been injured in a workplace accident? You’re in safe hands with Direct2Compensation. Our claims process is transparent and effective, and you’ll have the peace of mind that comes with our no-win, no-fee approach.
To find out more, or to start your claim today, call us on 01225 430285. If you prefer, we can we can call you back. After just a few minutes on the phone, we’ll have enough information to allow our solicitors to get your claim started.