Suffered a work injury – What are my rights?
Work accidents can manifest in various forms, ranging from slip-and-trip incidents in office settings due to inadequate maintenance to more severe cases in industrial environments involving machinery malfunctions or hazardous substances.
The Health and Safety Executive (HSE) reports that a significant number of UK workers sustain workplace injuries annually, some resulting in life-altering disabilities, emphasising the critical need for prompt action.
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Case Study
£105,000 for injured worker rejected by 33 law firms
Mr R suffered a back injury when an unsecured wagon door was caught by a gust of wind and blew into him. Having been failed by one firm then rejected by 33 other law firms, Mr R approached Aston Knight solicitors and a claim was brought on the basis that his employer failed to secure the doors of the delivery wagon and were in breach of a number of health and safety regulations. Evidence was gathered to support the claim and court proceedings were commenced and liability was admitted. A settlement was reached in the sum of £105,000.
What are my rights as an Employee in the workplace?
It is crucial to be aware of your rights for protection; employers are legally obligated to provide a safe working environment, including adequate training, well-maintained equipment, and appropriate personal protective gear. If your employer fails to meet these standards and you suffer an injury, you have the right to seek compensation, ensuring fair treatment and entitlement.
What should I do after a work injury?
Following a workplace accident, seek immediate medical attention, even for seemingly minor injuries, as symptoms may not immediately appear. Report the incident to your employer promptly to prevent future accidents and maintain an accident logbook as required by law, documenting all pertinent details. If you suspect negligence, capturing photos of the accident site can support any future claims. Witness statements can also be valuable.
Can my employer sack me for having a work accident?
If your employer can prove that the workplace accident was entirely your fault, they might consider dismissing you for negligence. If the accident was not entirely your fault, legal action against your employer for unfair dismissal could be pursued.
Can I make an injury at work claim?
If you are injured at work due to employer negligence, you have the right to seek compensation for various losses, including medical expenses, lost earnings, travel costs, and psychological trauma. A personal injury claim can be pursued under the Health and Safety at Work Act 1974.
The Personal Injury Claims Process
The claims process initiates with an initial consultation to evaluate your case and discuss potential outcomes and support. Information gathering involves examining the accident circumstances, collecting evidence, and determining liability before valuing your claim and engaging in negotiations. Court proceedings may be pursued if a settlement cannot be reached, with Aston Knight solicitors providing comprehensive legal support and representation throughout the process.
How long do I have to make a work injury claim?
Claims can be made within 3 years of the accident date or the date of knowledge – if there was any delay between the incident and injuries. Initiating the claims process promptly is advised to ensure accuracy and avoid missing deadlines, as claims can be lengthy.
If you’ve been involved in a workplace accident and you’re unsure of the next steps, our Personal Injury Team at Aston Knight Solicitors is here to assist. With years of experience in bringing work injury claims for employees, we guide individuals through every step of the claims process.
FAQs on Work Injury Claims
What is the role of a solicitor in my work injury claim?
A solicitor specialises in personal injury law and will manage your claim by providing expert legal advice, compiling necessary evidence, negotiating with insurance companies, and representing you in court if required. They act as your advocate to ensure your rights are upheld and you receive the maximum compensation possible.
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How much compensation could I receive?
The amount of compensation varies depending on the severity of your injuries, the impact on your ability to work, medical expenses, and other related losses. Your solicitor will help estimate a fair amount based on previous similar cases and the specifics of your situation.
Can I claim if the accident was partly my fault?
Yes, you can still make a claim if you were partially at fault. The compensation may be adjusted to reflect your level of responsibility, but you are still entitled to receive support for the portion of the accident due to employer negligence.
What if my employer does not have insurance?
Employers are legally required to have employers’ liability insurance to cover workplace accidents. If your employer is uninsured, your solicitor can guide you through alternative routes for compensation, such as through the Employers’ Liability Tracing Office or the Motor Insurers’ Bureau in certain circumstances.
Support During the Claims Process
At Aston Knight Solicitors, we understand that dealing with a work injury can be stressful and overwhelming. That’s why we offer a compassionate, client-focused approach, ensuring you feel supported every step of the way. From the initial consultation to the final settlement, our goal is to make the process as smooth and stress-free as possible.
Whether you’re dealing with physical injuries, emotional distress, or financial burdens due to lost wages, our team is here to help you reclaim your life and move forward. If you would like a free consultation to discuss your options, please call Aston Knight Solicitors today on 0161 399 1231 or click the ‘Contact’ button above to submit an online enquiry and one of our dedicated Solicitors will contact you to discuss your claim further.