The basic definition of an industrial injury is an injury that happens to an employee while they are performing their job. A more complex definition is that it’s an employers responsibility to protect their employees from injuries as defined by reasonable cause. If an employer is found to be failing in its duty to provide a safe work environment then the employee may be eligible for industrial injury compensation.
Industrial law has made the burden of employee safety that of the employer and as such, employees should expect to be able to perform their job functions without fear of being injured. It is the employers to responsibility to train employees in the operation of equipment. It is also the responsibility of the employer to make sure that safety equipment and supplies are available for the employee to use.
Job functions that have an element of danger to them must be noted, and protocols set into place that instruct the employee how to do their jobs safely. It is the employers responsibility to make certain that employees are working safely.
An industrial accident is an accident that involves an injury to an employee who was performing the routine duties of their job.
What are the Common Causes?
The cause of industrial injuries is not a single factor that can be applied to all injuries. There are common elements that may exist between all injuries but even those are difficult to label. Many are caused by unsafe working environments. These environments may be created by the employer or the employee. One may be at fault of both may be at fault. This is one of the primary reasons why talking to a solicitor is important. Not all injuries are the fault of the employer.
Can I Make a Claim?
If an injury occurred during work, than a claim may be made. It’s important to note the difference between making a claim and winning a claim. Submitting a claim is nothing more than providing all parties involved with legal notice that a claim has been filed. Winning a claim occurs either by settlement or court victory. There is a great deal that can happen during claims. Employees who are seriously injured should realize that a great deal of compensation could be at hand. This is another reason why finding a claims solicitor is important.
Many times employers or second party lawyers may try to force an employee to settle their claim early. What is lost when this happens is compensation for future earnings, medical coverage, etc. Suffice it to say that a lot of compensation is pending following injury claims.
There are specific pieces of evidence that are unique to each case. Determining what is valid evidence and what is weaker evidence is something that a claims solicitor can help determine. A claim solicitor is a legal representative that specializes in helping injuries parties through the industrial injury claims process.
If you were injured on the job and would like to contact a claims solicitor simply fill out the form on the right of this article. Once you have done so, we will contact you and help you, for free, work out if you may be able to make an industrial injuries claim.
How Much Compensation Can I Get?
The range may be a few thousand pounds, or as much as several million pounds. There is a lot of detail that goes into determining how much a claim may be worth. Claim solicitors may be able to provide you with a rough estimate but the final determination will be awarded by the court.
Some of the factors that are considered when work accident compensation is determined are the severity of the injury, the potential for rehabilitation, the ability of the employee to earn a living, pain, suffering and person loss. The degree of how each of these factors affects the injured persons life is all taken into consideration. This is another reason why a claim solicitor is important through out this process. Industrial insurance companies have teams of lawyers working for them. Those lawyers save the insurance industry billions of pounds each year. Having legal representation can help claimants deal with the legal bureaucracy that can otherwise seem overwhelming when filing industrial injury claims.
Everybody has a part to play in preventing industrial injuries. The primary burden falls on the employer to provide a safe working environment, but a part of the responsibility also falls on the employee. It is the employee’s responsibility to point out unsafe working environments and to ask for safety equipment that may not have been provided by the employer. It is also the employee’s responsibility to work safely. This may include not rushing to complete products by abandoning safety.
At the same time, it’s important that employers understand that their responsibility is to keep their employees safe. This means repairing broken and damaged equipment, providing training and safety instruction to employees, to make sure that employees are working safely and following company protocols.
Regardless of a high industrial injury compensation payment, the employee must still live their life with their injury. There is a high price to pay when the risk of living with pain every day is the reward of an industrial injury.