Injury at work – What are my rights?
Injuries at Work – the most common place for injuries
Injuries occur in the workplace more frequently than you might think. Reading this, perhaps you’re sat at a computer screen with a cup of tea in hand and believe that the chances of injuring yourself at this workspace are slim. Quite the contrary – no matter the workplace; an office environment, or a building site, the chances of injuring yourself at work are high, regardless.
In the UK alone, 555,000 self-reported non-fatal injuries were made during the 2017/18 fiscal year. With 71,062 non-fatal injuries being recorded by employers for the same period. Of the 555,000 non-fatal injuries reported, 420,000 led to up to 7 days absence, with 135,000 leading to over 7 days absence. As a cost to business, this time has a real impact on the delivery of work missed due to work-related injuries.
Don’t slip or trip your way to an injury at work
The highest percentage of injuries at work come from slips, trips and falls on the same level, contributing to 31% of the total number of injuries reported during this period. However, this is a report that has seen a downward trend (58% decrease) in the number of reported injuries in the workplace since 2000, suggesting that employers and employees are taking conscious steps to manage and avoid potential workplace hazards.
Should you injure yourself while at work, however, it is important to know your rights.
I’ve been injured at work – what are my rights?
Due to the human rights act, employment law requires that there are injury at work rights should the injury seriously harm or affect the employee’s performance and well-being.
These rights are as expected, and are outlined below:
The right to now be discriminated against
Should you be injured at work and have taken necessary legal action, it is your legal right to not be treated unfairly or discriminated against due to your claim. It is important that if you feel that you are being treated unfairly, you read your company’s policy handbook. Most company policy handbooks discuss a right-to-work policy and have a sub-section around discrimination in the workplace.
Should you need to have a conversation with management you can request a formal meeting to discuss this, including the HR team, and a witness your side where you can cite the employee policies and discuss how you have been treated.
It is recommended however, that you seek legal counsel on this first, from a respectable employment law specialist who will be able to best advise on the course of action to be taken.
The right to claim
Irrespective of whether the injury at work has resulted in any time off, you have the right to make a claim for compensation if you have suffered physically, mentally and/or financially as a result of an injury from an accident at work.
If you are at all unsure whether your accident or injury gives rise to a claim, then contact one of our solicitors on 0800 999 6661 for a free confidential discussion.
It is important you report the injury and ensure your company keep a record of the injury in the accident book.
Remember, in the UK and Wales there is a legal right to claim; any injuries that impact your health or financial well-being should be considered for any claim.
A right to being paid sick-pay
If you are off work for more than 4 days in-a-row due to a workplace injury, you are entitled to statutory sick pay. Depending on the company policy in place, a lot of companies pay beyond this, with some companies even paying you your weekly salary while you’re off work, however, this is based on an employer-by-employer basis.
A right for compensation
This is especially applicable if you can no longer work due to your injury. It is your legal right to receive the right compensation to aid with financial loses as well as physical losses from your injury.
For this, it is highly recommended that you seek legal counsel to represent you when making a claim against the employer for your injury. At Aston Knight Solicitors we can pursue your claim on your behalf on a No Win No Fee basis, thereby not costing you anything. For further details please contact our offices on 0800 999 6661.
A right to come back to work
An uncommon thought, especially for those who are injured at work, but often there is a desire to return to work. Aligned with the right to not be discriminated against, your right to return to work should also not be hidden, discriminated against or blocked.
This may require a return-to-work plan that you would need to communicate and agree with your employer to ensure that there are plans in place for you to happily return that suits both your new situation and the employer.
Seeking legal help
When making a claim for an injury at work, seek the correct legal advice. Aston Knight specialise in injuries at work claims and can provide an expert and informative service to its clients. Should you require a consultation, contact us here.