Know Your Rights With Accidents At Work

Employers have a duty of care for their employees

. They have to assess the risks to workers and visitors in the workplace and take the necessary steps to ensure the health and safety of everyone in their place of business.

Employers must tell you about the health and safety issues that could affect you. There is also a legal requirement to report accidents and incidents and to pay you any leave entitlements you may have.

Any serious work-related dangerous incidents, accidents or diseases must be reported by the employer to the HSE (Incident Contact Centre of the Health and Safety Executive). Death, major injuries like a broken bone, dangerous incidents, injuries that keep an employee from their normal duties 3 days or more and disease must be reported by your employer. If you are involved make sure that it has been reported.

Of course whilst the employer must see to the health and safety of the employees, you should exercise reasonable care over your own health and safety. First aiders and equipment should be provided by the employer.

An accident book of some description to record all accidents and incidents, no matter how minor, should be maintained in the workplace. This is for the benefit of employees because it contains a record of what took place in case you need to make a compensation claim at a later date. Recording incidents also helps the employer to see where problems in the workplace might exist, and so be able to make any necessary changes to prevent further occurrences of the same incident.

If you need to take time off work due to an accident in the workplace, you will only be able to access statutory sick pay in most cases. If you are fortunate, your employer may have their own scheme for paying for extra time off. With SSP you will need to have been sick or injured for 4 or more days in a row and have average earnings of 95 pounds a week. Qualifying SSP days are those on which you would usually work, but the first three days are called waiting days. Waiting days are not paid days.

You can make a claim for compensation if you believe that your employer was responsible for your injury sustained in the workplace. You can make the claim up to three years from the date of the incident. Having a lawyer to represent you is a good idea. Your trade union should have a legal service that you can use. If not, then talk to a lawyer who specialises in compensation law.

These claims for damages are about putting you in the position you would have been in if not for the accident. It's not about making money. Make sure you seek proper legal advice.

So with accidents at work remember to:

1.Keep a record in the accident book

2.Make sure it has been reported to the HSE

3.Check your sick pay entitlement

4.Try to sort out any dispute with your employer

5.Get legal advice

6.Tell your employer if you have any concerns with health and safety at work that need to be dealt with

7.If your concerns are not addressed, contact the HSE Infoline

by: Lawrence White

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