subject: What To Do If You Have Suffered From An Accident At Work [print this page] What To Do If You Have Suffered From An Accident At Work
Thousands of people in England and Wales are involved in accidents in the workplace each year and sometimes these accidents can cause serious and long lasting injuries. Many of these accidents are preventable and employees that are injured could be able to make a claim against their employer.
In many cases employers may be liable for the accident under a variety of legislation. For example, health and safety legislation generally requires employers to ensure that they carry out regular risk assessments and then take steps to guard against the risks which they have identified causing injury to employees. A large volume of regulations have been issued regarding specific safety issues, such as the placement of fire extinguishers and the maintenance of electrical wiring.
Under the occupier's liability legislation, the legal occupier of a building or work-space has a duty to ensure the safety of all people who are present on the premises. This includes making sure that access is clear and unobstructed, that hazards are properly signposted and that access to dangerous areas is restricted. Finally the general law of negligence requires people to take reasonable steps to ensure that their actions don't injure those around them. If it is foreseeable that injury might result and if appropriate measures are not taken, then employers can be liable for negligence.
The letter of claim
Before taking legal action you should attempt to resolve the matter with your employer. Whilst you can attempt to negotiate compensation yourself, it is always advisable to consult a specialist solicitor. Very often the employer will be eager to resolve the matter quickly without the matter going to court - whilst this means that sometimes they may be prepared to offer a generous settlement in order to avoid expensive legal action, in many cases the employer will initially offer much less than you might be entitled to at court. A solicitor will be able to advise you on the level of compensation which you might expect, together with the risk of defeat if you go to court and this can help you to make an informed decision about what compensation you are prepared to accept.
Making a claim in court
The procedure for making a claim if you were injured at work is the same as for all other types of personal injury. Depending on how serious the accident was, the value of your claim and the complexity of the issues involved, the case may be heard in either your local County Court or in the High Court. Minor accidents which result in limited damage, such as bruising and minor fractures may be dealt with quickly and informally under the County Court's small claims process, but more serious accidents are likely to result in a larger and more drawn out trial with full formality.
Compensation
The object of compensation is to put the injured party back in the position that they would have otherwise been in. In an accident claim this means that lost earnings, the cost of special adaptations and mobility aids, medical bills and loss of future earning potential can all be claimed for. You will also be able to claim compensation for the injury itself and for any pain and suffering, and reduction in the quality of your life.
