subject: Work Accident Claims - How Do They Work [print this page] Employers owe their employees a duty of care to protect them from accidents occurring at work. Did you know that if you suffer an accident whilst at work you may be entitled to claim compensation for any injuries that you have? If you are successful in a claim against your employer you will be entitled to damages.
In many situations the employer has a strict liability towards the safety of his employees. Strict liability means that during a personal injury case the claimant does have to prove negligence on behalf of the employer, the liability is unquestionable. Examples include that it is the responsibility of an employer to make sure employees have safe tools and equipments to use; also employees should be given safety training before they use such equipment or tools. An employer can be held accountable if this is not done and as a result an employee suffers an injury.
The following are some examples of employer responsibilities, which if practised should prevent injury and harm coming to their employees and avoid the risk of work accident claims:
- Regular checks on tools and machinery to ensure good working order;
- Staff are trained for any emergency escape plans and the plans are well advertised;
- Cleaning materials are provided and safely stored; - WC and washroom facilities provided;
- The working environment is a tolerable temperature and has good ventilation;
- Adequate first aid facilities are available and there are trained first-aiders in the workplace;
- Hazardous workplaces are adequately supervised;
- Exposure to damaging chemicals and materials is kept to a minimum; and
- Adequate protective clothing is given.
If you suffer a personal injury due to one of the above practises not being in place, then it is likely that you will be entitled to claim for compensation. Most employers have Employer's Liability Insurance and any work accident claims made against them will be covered by such a policy.
Do employers have a defence?
Employers can argue contributory negligence. This claim is arguable when it can be demonstrated that the personal injury suffered by the employee was partially caused by their own fault. For example; if an employee suffers injury from a damaging chemical but he was not wearing the protective clothing which is provided by the employer. In this situation there would be a case for contributory negligence. If this is proved in court then the amount of damages awarded to the employee would be reduced accordingly to reflect their contribution.
How do I make a claim?
Work accident claims must be brought against your employer within 3 years of the accident occurring. It is always better to try to take action as soon as you have an accident, however it is often the case that some people do not realise what injury they have suffered until sometime in the future. Many employees do not want to take legal action against their employer because they worry that they might lose their job. However, the law protects against discrimination of this kind.
In order to find out if you have a substantial claim then you should seek the advice of an experienced work accident claims solicitor. Many solicitors will take cases of this kind on a conditional fee arrangement ('no win no fee') which protects you from paying legal costs if you lose your claim.
