subject: Work Accident Claim Questions [print this page] If you are thinking about making a work accident claim, you will probably have a number of queries that need answering before you commit to legal action. That is why we have compiled some of the more frequently asked questions below, ensuring you have access to the information you need, helping to alleviate any worries you may have. If you have a concern that is not addressed in this article, do not hesitate to contact our legal experts for further advice.
How do I know if I can make a work accident claim?
An employer is responsible for your health, safety and welfare while you are at work. If this legal duty is breached and you suffer a personal injury as a direct result, then you will be able to make a work accident claim. This remains true even if the incident was caused by a co-worker, as your employer is obliged to employ competent members of staff.
However, it is important to remember that every case is different, and it may not always be clear who is accountable for your accident. Therefore the best way to clarify whether or not you are able to make a claim is to contact a work accident solicitor. After a short discussion, a solicitor who specialises in work accident claims will be able to advise you upon your legal position.
How long do I have to make a work accident claim?
Ordinarily, claims must be made within three years of the accident. That is why you must not delay in seeking help from a solicitor, or you may run out of time. Even if you have a valid claim, a solicitor will not be able to help you if you leave it to the last minute.
However, there are a few exceptional circumstances. For example, if you were under 18 years old at the time of the accident, you will have until your 21st birthday to make a claim. Alternatively, the effects of your work related injury may only become apparent years after the event. This is particularly common with chemical diseases such as asbestos-related illnesses. In such cases, you will have three years from the date of knowledge (ie. the date you were diagnosed with your health condition).
Will I get the sack for making a work accident claim?
Many people feel uncomfortable making a claim against their current employer. However, your job should not be jeopardised. Your employer is not legally allowed to fire you because you are making a work accident claim. If this does happen, there will have been an incidence of unfair dismissal, meaning you will be able to pursue legal action through an employment tribunal. In the event this does occur, we will advise you upon what action you need to take.
Who will pay my compensation?
All employers are required to have Employers Liability Insurance, which will cover any expenses related to work accidents. Therefore if you win your work accident claim, your compensation will be paid by your employer's insurance company.
