As the safety and health of individuals is considered to be of paramount importance by the UK government so that it has been strengthened by European Law a matter of public policy.
If you are unfortunate enough to have an reporting an accident to police you may have a chance of winning settlement from your employers. You will find 4 different ways by which your employers could be legally responsible.
Common Law Negligence by your Employer An employee is under an obligation to make sure that the area of work is usually safe and free from any threat of injury or harm. For example, you ought to be supplied with appropriate safety equipment. If this duty is breached and the accident causes the harm/injury experienced your boss could be observed to be negligent and so legally accountable for your injuries and a claim for compensation may be made.
Laws regarding Health & Safety There are many laws that are in position which protect the safety and health of workers in locations. For example, an adequate risk assessment must be carried out by an employer ahead of any worker carrying out the duty. If any of these laws are not adopted then your employer is likely to be held responsible for your accident at work and be liable to cover your compensation.
Manual Handling Regulations There are statutory instructions in place under the Manual Handling Operations Regulations 1992 where guide handling takes place, if these are not followed then your employer setting out the employers commitments may be liable for the accident.
Occupiers Liability An employer can nevertheless be legally responsible in circumstances where their premises are left in a dangerous state and an injury occurs as a result. For example, if there is a spillage on to the floor causing you to slip and injure yourself your employer may possibly nevertheless be liable.
A STEP TO STEP GUIDE TO ALL OR ANY THE ACTIONS YOU OUGHT TO TRY STATE SETTLEMENT FOR A DAMAGE IN THE WORKPLACE
If you have had an injury following an accident at work you should instantly follow these steps:
* Report the accident to your supervisor/manager. Your supervisor/manager must have a explanation of the accident from you and produce a note of any potential witnesses to the accident. A brief report is likely to be compiled and signed setting out your version of events. Any witnesses will be necessary to complete a signed statement.
* Report your injury to the first-aid adviser at your workplace. Every workplace has a qualified individual or individuals in First-aid who make themselves immediately available in the case of an accident. Generally they will provide the appropriate Medical treatment and should record an outline of the accident circumstances and a short report of your injuries.
* Make sure your accident is precisely recorded in the Accident Report Book. An Accident Report Book must be kept by your employer. This includes a step by step account/description of most accidents that have occurred in the workplace. Ensure an entry made in the Accident Report Book is watchfully recorded and is understood and read by yourself before you sign it.
Report the accident towards the Shop Steward who will then also create a record of one's accident, * If you're a member of a trade union.
* Seek medical attention from either your workplace surgery or go to the hospital/GP making sure you describe all of your injuries and symptoms towards the medical doctor irrespective of how trivial they are.
A workplace questionnaire is Completed by * if at all possible. That is another way of accurately recording the accident circumstances and assists the company in eliminating the risk to other employees.
* Assist your supervisor in investigating the accident - the more accurate the report the more chance of success there is with the compensation claim.
* Keep an accurate history of any absences from work and make sure you encourage your employers of any absence because of your workplace accident. If you have been off sick from work for three or more days companies are expected by law to report an accident in the workplace towards the Health and Safety Executive.
* Keep a journal or log of your physical symptoms including any psychological symptoms including sleep disturbance and shock.
* Keep a record and statements of most expenses that you have incurred as due to the accident including lost income, prescription charges, traveling expenses. These expenses can form part of your financial loss claim resulting from the workplace accident.
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* You have 36 months from the date of the accident to produce a claim for compensation.
* These are important steps to follow to guide a claim for compensation arising from an accident at work. Your company will recognize that it's your to claim. It's your businesses insurance that can pay for your compensation claim. However, sometimes your employers may disagree on the explanation for the accident consequently, it is important that you are aware of what records you can count on to show your compensation claim.
Contact one of our specialist personal injury solicitors for expert advice on effectively pursuing a compensation claim following an reporting an accident to police.
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