What happens if i make a personal injury claim against my employer

What happens if I make a Personal Injury claim against my employer?

Accidents at work can occur in a variety of ways and include slips and trips, working at height, defective equipment, manual handling, handling dangerous substances or those involving construction sites.

If you sustain a personal injury at work, you can pursue an accident at work claim for compensation, also known as an Employer’s Liability Claim.

A Claimant must show their employer contributed to or caused the injuries suffered as a result of a workplace accident. An employer may be liable for your injury for reasons including unsafe work systems, lack of personal protective equipment, unfit premises, insufficient training, co-worker negligence or damaged/unsafe work equipment.

The Health and Safety at Work Act 1974 and Subsequent Legislation/ Safety Regulations

The Health and Safety at Work Act 1974 requires employers to protect the health, safety and welfare at work of all their employees as well as others on the premises which can include self employed workers, clients, visitors and the general public.

There are various regulations which govern workplaces and not all give rise to civil liability, meaning there is not an automatic right to compensation for breach. In addition the Enterprise and Regulatory Reform Act 2013 has made it more difficult for those injured at work to make claims.

It is compulsory however for an employer to have employer’s liability insurance in place to cover any claims.

Employers must also assess workplace risks and provide appropriate health and safety training.

Should I make an accident at work claim?

Being injured following an accident at work can have wide ranging implications – particularly on the individual’s financial circumstances. Claiming compensation can help cover losses incurred during your recovery period and will be important in safeguarding your financial future where your injury results in you being unable to work or undertake your normal activities. Pursuing a claim can also help improve workplace practices to prevent similar accidents taking place again in the future.

You can make a claim if the accident at work was not your fault, and occurred within the last three years.

What is an internal investigation?

Following medical treatment for your accident at work, it is important to make sure the event is reported to your line manager, and recorded in your company’s accident book. Evidence will be required to prove the accident was due to the negligence of your employer and may include witness statements, CCTV footage if available, photos of the location/equipment and photos and medical reports of any physical or mental injuries sustained. Be sure to keep the receipts or any expenses incurred for medical treatment or lost earnings as a result of the accident.

Will it affect my employment rights? Could I lose my job?

Whilst many employees feel uncomfortable and nervous pursuing a compensation claim against their employer, making a Personal Injury claim against your employer will not affect your employment rights and your employer cannot legally prevent you from making a claim.

Will my employer have to pay the compensation?

As employers are legally required to hold employer’s liability insurance, they will pay any compensation due via their insurance policy to meet the costs of your claim. The insurer makes the payment and not the employer.

Our Personal Injury team can help explain how the personal injury compensation process works and whether you have a claim to pursue. Contact Chartered Legal Executive Simon Bransby via [email protected] or call 01603 214 220.