Making a work accident claim is not difficult when you know how to go about it, which is where we come in.
You will need to provide some background information about your accident at work and a work accident compensation claim company will then connect you with the best work accident lawyer for your particular situation. You should always get in contact with lawyers who work on a no win no free basis too.
Work compensation is the legal submission of a claim for compensation following a work injury.
This is usually done through a legal channel since industrial insurance companies work very hard to pay as little as possible for work place injuries.
Work place injuries are very common however not all work place injuries are worthy of compensation. A standard paper cut that heals without complication is an example of an injury that is not worthy of compensation. An example of a work injury that does merit compensation would be a back injury that is a direct result of neglect on behalf of the employer to provide a safe working environment and also adequate safety training. Employers have a responsibility to each of their employees.
That responsibility includes providing a work environment that is free of hazards. Employers are also responsible for supplying proper safety equipment so that employees can safely perform their job function.
What are the Common Causes?
The causes of work accidents are various, however some are unique to certain jobs while others can be categorized by industry. The cause may be as simply someone leaving a drawer open or failing to repair damage to a roof with the result of water leaking onto a dark stairway. Other injury can develop over time, and are usually consider industrial illnesses, such as repetitive strain injury, or industrial deafness.
The important aspects to remember about work accident causes is the relationship between a worker and an employer as the employer has a responsibility to protect their workers. This translates into legal language as a care of duty. If the employer fails to meet their reasonable care or duty to protect their workers, and an injury occurs then the employer has a legal responsibility for this injury. This means that a claim can be filed.
Can I Make a Claim?
Anyone can file a work accident compensation claim. Whether or not that claim is valid and compensation is received depends on many factors. The claim must be provable. Is there proof that the employer failed in their duty or care? Was the accident the result of something the employee did. An example of employee fault would be an accident that was caused by consumption of alcohol or drugs during work hours.
If you’re a delivery driver and during your lunch break you consume alcohol at a pub and then have an accident because of driving while inebriated, then you, the employee, are at fault for the accident and injury.
Not all accidents are clear who is at fault. If you’ve suffered a work accident and have questions about filing a compensation claim, then you should consult with a legal firm that can help you understand your rights. Legal representation is important as industrial insurance companies have lawyers who work for them who’s job is to minimize claim awards. Some insurance companies use aggressive tactics in the hope that claims will be dropped. Having a lawyer represent your claim is prudent, especially if you have a significant injury.
If you’ve suffered a work accident, it is important to gather evidence. Some accidents happen sporadically, but other accidents can be seen to build and then occur as the evidence is reviewed.
Here’s an example: On Monday, someone notices that the sink in the bathroom is leaking and reports the incident to the proper person. On Friday, the sink is leak has grown and now a larger puddle is on the floor. The leak is again reported. The following Monday you slip, fall and fracture your wrist, because of the water on the floor.
The evidence in this case is the documentation that the leak was reported but not fixed. The evidence also shows that the employer failed in their duty and care to protect their employees from harm. A legal representative would be able to explain what the evidence says and does not say. It’s important that if a work injury occurs that evidence be preserved. A well documented case is much easier to win than a case that is based on hearsay and innuendo.
The range for payment following an accident can be anywhere to payment for medical expenses and lost wages to millions of pounds. A great deal of complexity goes into determining compensation amounts. Historical trends show that higher awards are granted to claims back by legal action.
Preventing Work Accidents
Preventing work accidents is the responsibility of every employer. It’s through training and policy that the employer teaches employees how to be safe while performing their jobs and if required, through the use of personal safety equipment such as latex gloves, goggles, eye masks and other equipment needed in order to perform a task safely. It is also the responsibility of the employer to make sure that the employees understand how to use the personal protective equipment, and to make sure that employees do use personal protective equipment. These responsibilities are defined as the care and duty of the employer to their employees.