Accident At Work Claims Advice

By: Jessica Parker | Posted: 15th December 2010

Making a claim against your employer after being involved in an accident at work can be a daunting process to go through; there are many things to be considered when you are thinking about making a claim. Important factors include: who was responsible for the accident, the specific circumstances that resulted in the accident, and how to go about making a claim after an accident has occurred.

Health and Safety at Work

Employers are required to provide their employees with a safe working environment, and must adhere to certain criteria that show they have taken appropriate measures to protect their workforce. Employees are protected under various pieces of legislation depending on the nature of the industry they are employed in, the main one being the Health and Safety at Work Act, 1974. It states that all employers should carry out a risk assessment of their workplace and appoint someone who is responsible for health and safety. Firms who employ five or more people must also: carry out an official risk assessment, have a plan in place to minimise the potential of an accident at work from occurring and have an official health and safety policy.

In practice, all employers are required to ensure a safe working environment. Some of these responsibilities include:

• Provide training on how to perform a task safely
• Provide personal protective equipment where appropriate
• Ensure any machinery is safe to use and safe working practices are set up and followed
• Provide adequate first aid resources
• Maintain an accident book to log any incidents

Employees also have a responsibility to work together with their colleagues and employer to ensure safe working practices are maintained. This includes highlighting any concerns they may have with their employer and having the right to refuse to partake in any activity that they perceive as dangerous or high risk, where those risks have not been mitigated.

Work Accident Procedures

Every company will have their own processes to follow in the event of an accident at work.

If you are involved in an accident at work, you should make sure it’s logged in the accident book. This is important to allow your employer to see what accidents are occurring in the workplace and will help them identify any safety issues that may be recurring. It is worth logging even minor work accidents as it can be used as a reference for the future as something that may appear innocuous at the time may lead to future health concerns, such as an infection or chemical exposure.

For more serious accidents at work it is the responsibility of your employer to report it directly to the Health and Safety Executive (HSE). If in doubt, it is worth checking that this has been done.

Making a Claim after an Accident at Work

If you have been involved in an accident at work where you suffered a personal injury then you may be able to make a claim against your employer. This will compensate you for the specific injury that occurred and any related financial losses such as an inability to work and medical expenses. Any evidence that can be provided to support any injuries and subsequent symptoms such as medical records, personal diaries and the log from the accident book will help in building a case.

Claims should be made within three years of the incident wherever possible, and you will need a lawyer to represent you. The services of a specialist personal injury lawyer can be obtained by contacting a reputable claims management company under a “No Win No Fee” basis.

National Accident Helpline has over 17 years experience in personal injury claims. They provide professional independent advice via their specialist lawyers for anyone who has suffered from an accident at work (http://www.national-accident-helpline.co.uk/accident-claims/accidents-at-work.html).
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