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Workplace Wellbeing: Ealing Personal Injury Solicitors explain how to make a personal injury claim

by Hena Mir — Posted on 22 July, 2020

Our Ealing Personal Injury Solicitors present the facts on health and safety in the workplace and what you need to file a personal injury claim against an employer.

 

Our Ealing Personal Injury Solicitors have prepared a guide to educate you on the facts of health and safety in the workplace and go in depth to explain what is required to make a successful claim.

The HSE has reported that an Aviation company has pleaded guilty to breaching section 2(1) of the Health and Safety at Work Act 1974 after an employee fell from a height of more than 2 metres. The employee suffered facial fractures to her skull and cheekbone, permanent one-sided hearing loss and a brain injury. These horrific injuries were suffered due to a gap in the railing at the top of a luggage belt loader. The company was fined over £180,000 as a result.

It is your employer’s responsibility to ensure your workplace is safe and that all staff have received sufficient training. The duty to safeguard the health, safety and welfare of employees, extends to other people on the premises, including temps, clients, visitors, casual workers and even self-employed individuals. If they fail to do so, they may be breaching the Health and Safety at Work act 1974 and you may be able to make a workplace injury claim against them.

 

What is the Health and Safety at Work Act?

The Health and Safety at work act 1974 is the main source of legislation which deals with occupational health and safety in the workplace. It determines the responsibilities of employers, employees and even self-employed individuals to maintain high standards of health and safety in the workplace – whether the place of work is an office, a farm, a factory or beyond.

 

Am I eligible to make a claim?

A workplace accident is defined by the HSE as being a “separate, identifiable unintended incident which causes physical injury” in the workplace as a direct result of the work itself. The most common ways in which workplace accidents are caused include:

  • Slips, trips and falls
  • Faulty or damaged equipment
  • Falling objects
  • Inhalation of harmful chemicals
  • A lack of training leading to injury (such as incorrect lifting techniques for heavy objects)

You may also be entitled to make a claim if your workplace is directly responsible for any physical or mental illness you may have sustained, such as illnesses caused by stress.

If you have sustained an injury at work which your employer is at fault for, you are eligible to make a workplace injury claim against them. This includes whether the injury is the result of insufficient training, an unsafe work environment or the behaviour of another colleague.

 

Can I make a claim if a loved one suffered a fatal injury at work?

If your loved one lost their life to a workplace injury or illness, you can make a claim for compensation. Those who were financially dependent on the deceased are considered of the highest priority and are more likely to successfully claim. People who may claim include the deceased’s:

  • Spouse or civil partner
  • Former spouse or civil partner
  • Cohabiting partner of at least two years
  • Children

Non-dependent loved ones of the deceased can also make a claim, but they are less likely to be able to successfully claim compensation. To discuss whether you may be entitled to compensation, please speak to one of our Ealing Personal Injury Solicitors directly on 020 8840 6640 or email solicitor@starckuberoi.co.uk.

 

Will making a claim against my employer put my career at risk?

Employers are legally required to have employers’ liability insurance, which is where any compensation you may win comes from. Therefore, making a claim against your employer is unlikely to significantly affect their financial standing and you should not need to worry about losing your job due to redundancy.

It is illegal for your employer to dismiss you for making a workplace injury claim against them. If they attempt to do so, you can make an unfair dismissal claim against them, which you would be likely to win. However, this does not protect you from any disciplinary action taken against you if you in any way contributed to your accident, and it may affect your relationship with your employer and colleagues. In which case, it may be best to consider resigning and making a claim of constructive dismissal. For more information, see gov.uk’s definitions of unfair and constructive dismissal.

 

How much compensation will I be able to receive if I make a claim?

The amount of compensation you can receive if you win your case depends on the severity of the injury sustained, if and how much time you needed to take off of work and the effect it has had on your livelihood or of anyone close to you (such as family members). Our dedicated personal injury team have extensive experience in dealing with workplace claims for injury. To find out how much you may be able to claim, call one of our Ealing Personal Injury Solicitors on 020 8840 6640.

 

Is there a limit on how long after the incident I can make a claim?

You have three years to make a workplace injury claim, starting from the date on which the incident occurred. If your claim has not been settled within three years of the incident, you will lose the chance to claim compensation. However, it is better to make a claim as soon after the incident as possible to allow yourself the most time to collect the evidence you need and begin legal proceedings. Our Ealing Personal Injury Solicitors will deal with your matter efficiently and work to complete your claim within any and all time frames.

 

What evidence do I need to make a workplace injury claim?

The more evidence you have to prove that your injury was the direct result of your work, the more likely you will be able to successfully claim against your employer. Our Ealing Personal Injury Solicitors can elaborate and explain in more detail the types of evidence that are more effective in these types of claims and assess anything you are currently able to present. Some examples of useful pieces of evidence include:

  • Accident logs
    – It is your employer’s legal responsibility to make sure that all workplace related injuries and illnesses are recorded, whether it was their fault or not. If you are worried that your injury or illness may not have been recorded, you should record what caused the injury or illness, the details of any colleagues who witnessed the incident and a description of the injury or illness sustained. You should then send a copy to your employer and keep a copy yourself to prove the incident happened.
  • Photographs of the environment in which the injury was sustained
    – These are ideally taken immediately after the incident occurs, but any photographs which prove that the area you were injured in was unsafe (for example, those which show faulty or damaged equipment) can serve as evidence that your employer is at fault. Make sure to include the date and time of which the photographs were taken.
  • Photographs of the injury

– While unpleasant to take, having dated photographs of the injury prove that you sustained the injury you are making a claim for.

  • Doctor’s notes/notes detailing medical treatment
    – Notes from your doctor help prove the severity of your injury or illness, which may entitle you to more compensation. They can also confirm that you did suffer the illness or injury that you are claiming you have suffered.
  • The health and safety guidelines at your workplace

– If your employer has failed to follow the health and safety guidelines at your workplace, you are far more likely to successfully make a claim against them. If you can prove you followed the relevant guidelines yourself and still sustained an injury, that will also aid your case.

  • A record of your financial losses

– If you are injured at your workplace, you risk suffering the financial losses as well as the physical and emotional pain of the incident itself. Keep track of your loss of earnings, prescription costs, travel expenses and the loss of earnings by loved ones who may have had to take time off to look after you following your sickness or injury.

 

How we can help you

Starck Uberoi has an experienced and committed personal injury team who approach each case individually to ensure you get the support you need. Our Ealing Personal Injury Solicitors understand the disruption and pain a workplace injury or illness can cause, and how distressing the process of making a claim can be. That is why we strive to provide the best legal help for our clients. We operate on a “no win, no fee” basis to offer clients some peace of mind should their case be unsuccessful.

For more information, please visit the personal injury page on our website. To book an appointment at one of our offices, please call us on 020 8840 6640 or email us at solicitor@starckuberoi.co.uk. Our offices are based in Brentford, Ealing, Fetcham, Leatherhead, Canterbury and London Victoria.

Further reading

About Hena Mir

Hena specialises in Personal Injury Litigation on behalf of Claimants and deals with a range of claims including accidents occurring in the workplace, accidents in public places, and road traffic accidents. In particular, Hena deals with serious and complicated injury claims and enjoys helping Claimants achieve maximum recovery and appropriate compensation. Hena has extensive experience in medical negligence claims on behalf of Claimants who have suffered as a result of surgical errors, delays in diagnosis, delays in treatment, missed fractures and other instances of medical malpractice. Hena has experience dealing with claims against NHS and Private Hospitals, GP Practices and Dentists. Outside of work Hena enjoys working out, reading legal thrillers and spending time with her young family.