Accidents in the Workplace – What Are Your Rights?

As an employee, you have a right to have your health and safety protected in the workplace. This is laid out in the Health and Safety at Work Act, which states employers must ensure, so far as is reasonably practicable, the health, safety and welfare of their staff. This duty of care is, therefore, a legal requirement.

What to do When an Accident Happens

However, accidents do unfortunately happen. When they do, it is important for the following points to be taken into consideration:-

1. Reporting the accident

If you work in a company of five or more people, your employer must ensure that all accidents are recorded in the company accident book. Furthermore, if the work-related accident is of a serious nature, your employer must report the incident to the Health and Safety Executive (HSE). This should include:-

  • Serious injuries, such as broken bones;
  • Dangerous incidents, such as gas exposure;
  • Any injury that stops an employee working for three days or more;
  • Disease;
  • Fatality.

2. Statutory sick pay

If you have suffered a workplace accident and you need time off work, you should receive statutory sick pay. However, the following must apply:-

  • You have been unable to work for four consecutive days;
  • Your average weekly income is at least £102.

3. Liability

Lastly, it is vital an injured employee takes into account the issue of liability – in other words, who was responsible for your workplace accident? If you believe your employer is to blame, you need to speak to a personal injury solicitor, as you may be entitled to claim compensation for the injuries you wrongfully sustained.

Making a Work Accident Claim

An employer will be held accountable for a workplace accident if he/she has breached their duty of care. This could occur in variety of ways, including:-

  • Failure to employ competent staff;
  • Failure to provide personal protective equipment;
  • Failure to provide training;
  • Failure to provide equipment, which must also be free from defect;
  • Failure to carry out or implement risk assessments;
  • Failure to implement a safe system of work.

If there has indeed been a breach of duty, then you (as the injured member of staff) will be legally entitled to make a work accident claim. If it is successful, you will be given compensation for the pain and suffering you have endured. You will also be awarded a sum of money which will put you back in the financial position you were in before the accident happened.

Beginning the Claims Process

If you would like to speak to a personal injury lawyer about starting the claims process, contact the Work Accident Solicitors today. We specialise in workplace accidents, meaning we have the necessary knowledge and expertise to handle your case.

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