We all know that accidents can happen anywhere, but what happens if an accident happens at work? Can you make a claim against your workplace? If an injury which occurred at work prevents you from fulfilling your job duties, can you take time off work until you are fully recovered? These are all common questions which are bound to go through a workers mind if they are the victim of a work accident.
However, one of the main factors considered daunting by employees when making a claim for an injury which occurred in the workplace is their job security i.e. ‘will my employer terminate my contract of employment if I make a personal injury claim against them?’
Understandably, many workers are wary of making a claim against their employer, fearing that such an action could have repercussions for them.
In reality however, they should not be concerned. It is not legally justifiable to fire somebody for making an accident claim – and indeed any such action could be amount to unfair dismissal.
It is the legal obligation of all employers to provide a safe working environment for their staff. For example, workers who are required to use dangerous machinery should be provided with protective equipment and should also be fully trained to use to machine. If a worker is injured through no fault of their own, then an employer could be deemed as negligent, and going against their duty of care.
In many instances, an injury or accident could well have required an employee to take time off work or to suffer hardship. This can result in financial difficulties such as struggling with mortgage/credit card repayments.
A large body of safety legislation has been built up to ensure that accident victims have a means to compensation in order to cover any financial losses which may have been a result of the injury. In most cases, compensation is awarded on a no win no fee basis which means that if the claimant is to win their case, the solicitors fees will be recovered from the losing side on top of any compensation award.
In addition, all employers are required by law to take out public liability insurance to cover employee accidents. This means that it is the insurance company that will pay out any compensation, not the employer.
Such claims are in fact relatively common and most employers will have factored such claims into their business models.
It is important to remember that accident victims are entitled to make compensation claims. Many people are in pain or suffer financial loss after an accident. Their claims succeed because over the years ordinary people have been prepared to claim.
Many companies who offer compensation claims advice, are trained in handling work accident claims and can advise accident victims on the suitable next steps and what to expect during the claims process. For more information on the claims process, please visit http://www.national accident helpline.co.uk
In conclusion, it is an employee’s right to make a valid compensation claim against their employer without fear of losing their job. |
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