Claiming Accident At Work Compensation

If you are injured at work then you may well be eligible for accident at work compensation

. If your employer is at fault - if its due to dangerous working conditions, faulty equipment or other unsafe situations caused by your employer's inattention - then under the health and safety at work act, you could receive compensation beyond simple statutory sick pay.

Under the Health and Safety at Work Act, an employer has a "duty of care" to look after their employees wellbeing as far as possible. No matter what the size of a business, regular risk assessments should take place to spot possible health and safety hazards and someone in the organisation should be given responsibility for overseeing this.

All employers no matter the size and scale of their operation have a responsibility to make the workplace safe for their employees. They should take steps to prevent risks to health and they should ensure that plant and machinery located in their premises or used by employees off-premises are safe to use. Additionally they should set up plans for what actions should be taken in case of an emergency, take care to minimise the risks of hazardous or flammable/explosive materials and ensure that all of the facilities meed the standards for ventilation, temperature, lighting and hygiene that health and safety laws stipulate.

If the business where you work employs more than five people then there must also be an official record of each of these assessments, as well as a formalised health and safety policy that details the arrangements made to protect your health and safety.

If your business doesn't have these then you will most likely have the right to accident at work compensation for any workplace injury, as the employer has already failed to meet the standards of the Health and Safety at Work Act.

To make a claim for compensation, you need to establish that the accident or injury was due to a failure by your employer to meet their obligations under the law. You also need to make this claim within three years of the accident - and in honesty, sooner is often better as if your claim is disputed you'll need to build a body of evidence to substantiate your case.

It's important to note that as an employee, you too have responsibilities under the same act which requires employers to take due care over your safety in the workplace.

As an employee, you are required to take "reasonable care" of your own health and safety. This means that if you operate machinery, you should make sure to avoid wearing loose clothing or hairstyles that could put you at risk. If you suffer any injuries, strains or illnesses as a result of your job you should inform your employer - and if you are affected by anything that could impede your ability to work, you should tell them so that a solution can be found without putting your health at risk.

Above all though, you should make sure that you follow the safety practises established by your employer - for example if you've been provided with Personal Protective Equipment (PPE) such as a helmet, gloves or breathing guard, you need to wear it in the course of your duties or the accident will most definitely be your fault.

If your employer forces you to break these standards though, the situation is rather different and you could have a solid case for accident at work compensation.

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