I had an accident at work what are my rights? 2018 Update
Workplace Accidents, Know Your Rights When Injured or Ill In The Workplace
If you have suffered an accident at work, what are my rights is one of the first questions you might be asking. The first thing you should be aware of is that you are always going to be covered by employees rights legislation if you have had an accident at work. No matter what your job is, your type of employer or the place you work in, whilst you are at work your employer has a legal duty to ensure you are kept safe from an accident, injury or illness. Employers have a duty to protect their staff and properly inform them about any health and safety issues which can affect them, such as hazardous materials, training on specialist equipment and the correct personal protective equipment.
Employees rights after accidents at work detail the legal responsibilities that your employer has. This legislation also obliges your employer to report specific types of accident and incident. Your employer is also legally required to pay you statutory sick pay (SSP) and also to give you the time off that you need to recover from your accident.
What compensation you can claim following an accident at work will depend on the accident circumstances, your injury and the lasting effects. In this guide, we will take you through everything you need to know about your rights and personal injury compensation.
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- Accidents At Work Your Rights
- Accident At Work Employees Rights
- Accident At Work What Are My Rights To Industrial Injuries Benefits?
- I Had An Accident At Work, What Are My Rights
- Accident At Work Agency Worker Rights
- Do You Get Paid If You Get Hurt At Work?
- Will I Be Dismissed For Making An Accident At Work Claim?
- What Happens If I Am Injured Then Fired?
- What Am I Entitled To Claim For?
- How Much Can I Claim For An Accident At Work?
- No Win No Fee Accident At Work Claims
- What To Do If You Suffer Injury Or Illness At Work?
- Why Choose Us For Your Accident At Work Claim?
- Contact Us Today And Start Your Claim
- Useful Links
Accidents in the workplace are more common than many people think. The Health and Safety Executive’s records show that in the financial year 2011/12 the following accident at work statistics were recorded in the UK;
- 27 million days were lost due to illness and injury in the workplace,
- 1.1 million workers contracted a work-related illness,
- 212,000 incidences of absences lasting more than three days,
- 110,000 employee injuries were reported under RIDDOR (Reporting of Injuries Diseases and Dangerous Occurrences 2013),
- 172 workers suffered fatal workplace injuries during this time.
It was estimated that in just one year (2010/ 2011) injuries and illness in the workplace cost the UK as much as £13.4 billion.
The graphic above shows some of the latest available figures (2016/17) for absence caused by injuries as recorded by the HSE. Image credit.
If you have been involved in an accident at work and have been injured, you need to report this to your employer as soon as possible. When you do so, you need to ensure that they record this in the accident report book. If your employer does not have an accident report book or log, or if they neglect to record your incident, write down the details of the incident which lead to your injury or illness. Make two copies of this, sending one to your employer and retaining the other copy. If you are too ill or badly injured and are unable to directly record the accident yourself, ask someone else whom you trust to do this for you. Ask them to record doing this.
Even if your injury does not seem serious at the time you should still see a doctor. This could include a visit to the hospital, a paramedic inspection or a consultation with your GP. The medical practitioner or doctor will record the medical details of your accident. This will then strengthen your case later if you do need to claim compensation from your employer, or if you need to claim for any benefits as a consequence.
Employees rights after an accident at work cover a multitude of entitlements. As well as being able to make a personal injury claim against your employer, you may also be entitled to what is known as IIDB or Industrial Injuries Disablement Benefits. In certain circumstances, accident at work rights pay entitles you to these. To do so, you need to satisfy the following criteria;
- That you were an employee when the accident happened.
- That you were on an approved training scheme, course or event when the accident happened.
- That the accident which leads to your illness, injury or disability occurred in England & Wales or Scotland.
There are some exceptions to these criteria. You can find out more information about your eligibility for IIDB benefit payments after an accident at the dedicated government site. You can also claim disability benefits if you have contracted a disease in the course of your employment. As long as you satisfy similar criteria to the above, the scheme will cover you for benefits in the event of your contracting one of over 70 different diseases. Common medical conditions claimed for include asthma, loss of hearing, chronic obstructive pulmonary disease or COPD as it is also known. Industrial Injuries Disablement Benefits also cover diseases and illness related to asbestos. This a very carcinogenic material and can cause a wide range of medical conditions and complications. You can find out more about the illness covered by visiting the link above.
Accident at work rights are very strongly protected in the UK. In addition to the HSE and RIDDOR as mentioned above entitlements to benefits in certain cases, there is also a range of health and safety rules and requirements your employer must follow. These are all designed to protect employees. You can find out about your employer’s health and safety responsibilities on the NI Direct site from the Government.
If you feel that your work place conditions are unsafe and that your employer is not acting on your concerns, there are people you can talk to. Trade union representatives can raise concerns with employers on your behalf. You can also talk to the Health and Safety Executive. If you are in immediate or serious danger, you have the right to protect yourself and remove yourself from the situation, even if this means leaving work till the situation is resolved.
Before, during and after an accident at work, your rights clearly show that your employer has a duty of care to you. They must take all reasonable steps possible to protect your health and safety whilst at work. This includes anywhere you are at work, such as your employer’s premises and any other spaces where you are required to work as a part of your job.
If you are injured in an accident at work caused by the actions of another employee, you may still be able to make a compensation claim. Your accident at work employees rights states that as long as you are legally entitled to make a claim, your employer should not prevent you from exercising this right.
By law every employer is required to have valid insurance in place to cover any potential claims for compensation by staff following a workplace accident, injury or illness whilst at work. This insurance should also cover the incidents caused by other employees. If you make a claim successful claim, the awarded compensation will be paid by the insurance provider and not directly by your company. If your employer is pressuring you over having to pay out for compensation, remember they are required to have insurance in place for this.
Temporary and agency workers have the same rights to pursue a compensation claim against their employer as full time or contracted employees do. Temporary and agency workers have often been lead to believe that they do not have the same rights as other employees. At the same time, due to the fluctuating nature of their work, agency and temporary workers can be more likely to be injured at work as they often do not receive the same level of training as other colleagues.
Regardless of the type of contract you are employed on, whether full-time, part-time, employed on a temporary-contract or through an agency, all workers are protected by the same health and safety regulations in the workplace. All employee types are also entitled to bring compensation claims for accidents, injury or illness.
If you get injured or become ill as a result of your work you may need to take time of for treatment or recovery. If you do many people ask whether or not they will get paid for this time. There are two ways you can recover earnings during this time.
The first of these is statutory sick pay or SSP. The amount of sick pay you will be entitled to will depend on your employers sick pay policy. You may only be entitled to SSP, currently £89.35 for up to 28 weeks. Your employer may also top this up with additional sickness benefits or payments. However, not all employees are entitled to this.
Secondly, you may be able to claim for loss of earnings in your compensation claim. Whether or not you have received SSP will be taken into account for any loss of earnings compensation you are awarded. The Citizens Advice Bureau has a calculator to help you work out what sick pay you might be entitled to. If you have suffered loss of earnings due to your accident at work, talk to a personal injury solicitor today.
By law, your employer can not dismiss you on the basis of bringing a claim for compensation after having an accident at work. If you have been at your job for more than two years your employer can not sack you for this. If you are dismissed from your job after bringing a case and have worked for your employer for over two years, you may also have a case for unfair dismissal.
If your employer has dismissed you after you have suffered an accident at work or if you have been dismissed following an absence from work due to illness, you should talk to Legal Expert today. We will be able to advise you on your rights and whether you have a basis for a claim for workplace injury and unfair dismissal.
You can make a claim for a personal injury in the workplace if you have suffered an injury or illness due to your employer not taking the steps necessary to prevent incidents from happening. Your injury does not have to be physical. You could have suffered on a psychological or emotional level as a result of workplace bullying, intimidation or stress. In these cases, it is likely you will be able to bring a civil claim for breach of contract and even negligence on the part of your employer.
To find out more about your accident at work rights talk to a solicitor as soon as possible as time limits can apply to some cases.
If you have had a workplace accident there are a variety of different expenses that you can claim for. The most common types of costs you can claim compensation for are medical expenses (such as private medical care and medicines), personal injury (including pain/ suffering and emotional & psychological suffering), and the loss of function in a body part (including restricted movement). You can also claim for other financial costs such as travel to and from medical appointments and any loss of earnings you have incurred as a result of the injury. Finally, you can also claim for any costs of adapting your vehicle or home to accommodate life-changing injuries.
How successful your accident at work compensation claim is will depend on factors such as how severe your injuries are, and what the long-term effects will be. If your accident or injury will have a lasting effect on your day-to-day life this could entitle you to more compensation.
Below we have outlined some of the things you will be able to claim for, including amounts that you may be entitled to after an accident at work.
|Facial Disfigurement||Significant scarring - Females||£13,650 - £22,875||Cases where there isn’t a great psychological reaction and the surgery leaves some cosmetic damage.|
|Knee Injury||Serious-Moderate||£20,250 - £33,200||Higher claims are awarded for damage to musculature, and the soft tissue.|
|Arm Injury||Mild Injury||£4,500 - £30,250||Injuries include some disabilities and even restricted movement.|
|Neck Injury||Mild Injury||£1,800 - £ 6,200||Including injuries such as whiplash.|
|Finger Injury||Severe - Mild||£375 - £69,330||Injuries such as the injury to or even loss of a digit.|
|Foot Injury||Extremely Serious||£64,000 - £152,750||Up to the the complete amputation of one of both feet.|
|Back Injury||Mild Injury||£350 -£9,850||Soft tissue damage, pain and moderate consequences.|
|Wrist Injury||Severe - Mild||£2,550 - £44,500||Everything from temporary damage to complete loss of function.|
|Brain Damage||Moderate - Severe||£166,500 to £214,350||Including brain damage which results in partial paralysis.|
To start your accident at work compensation claim, talk to experts at Legal Expert. We are on hand 24 hours a day to discuss your case.
“I had an accident at work, what are my rights?” You have the right to make a claim to compensate you for the results of your accident. Once you have seen a medical professional and started receiving the treatment you need, the next step is to talk to a solicitor about your accident. A professional personal injury solicitor will be able to assess the veracity of your claim, how likely it is that you would win and start to assess how much compensation you could be entitled to.
At Legal Expert, our team of solicitors are able to work on your case using a ‘no win, no fee’ agreement. Also known as a conditional agreement, these arrangements mean that our client’s don’t incur any upfront costs or have to make any payments to get their case started. The best part is that if your claim is successful, your costs are paid by the other party. If it is not, then there is simply no fee. Just as it says, no win, no fee.
Not all solicitors offer no win no fee services for an accident at work claims, and not all will do so under the same terms. If you decide to use Legal Expert for your claim, we will walk you through our fees and costs, so there won’t be any nasty surprises in your case. A no win no fee agreement will reduce your financial exposure and they have helped a huge number of people across the UK to get the compensation they deserve. Find out more about our no win no fee services at Legal Expert.
There are several immediate steps you should take if you have suffered an accident or illness in the workplace.
- Ensure the accident is recorded in your company accident report log. If you can’t do this yourself, ask someone you trust to do so for you.
- Take any photos and witness statements to corroborate your side of the story. This will help your case later.
- Seek any medical care and attention you need. Keep records of this and any diagnosis/ future prognosis.
- Seek legal advice from a trained personal injury specialist.
Accidents in the workplace can be much more common than many of us think. A simple accident like a slip, trip or fall can result in a variety of different kinds of injuries. An accident at work could leave you with physical, emotional or even psychological injuries which last weeks, months, or even years. These injuries can have life-altering results for the people who suffer from them. This can prevent people from being able to live and normal life or from being able to work. An expert solicitor will be able to help you claim the compensation you deserve.
Our clients choose to use Legal Expert for a variety of reasons. Our team of expert solicitors are on hand to help you get the advice and ultimately the compensation you deserve. We work with you, providing high-quality legal services. Thanks to our experienced staff, you can benefit from our expertise.
Our dedicated experts will begin by reviewing your case via a free, no-obligation consultation. This informal chat will help to establish the basis and veracity of your case. Our aim is always to support you through as you recover and return to your normal life. Take advantage of our excellent no win no fee accident at work compensation claim service. At Legal Expert, we are dedicated to fighting your case.
Talk to the experts at Legal Expert today. Our highly professional team are always on hand and ready to start working with you. We will get you the compensation you deserve after your accident at work We work with clients across the country after they have been through a whole host of accidents which have happened in the workplace. We can work with you whether you are a full-time, part-time or an agency worker. Even if you are a visitor to a workplace you can still make a claim against the responsible employer if the accident was in a workplace.
Contact Legal Expert today. Our dedicated staff are ready to start working on your personal injury and accident or illness claim today. We will discuss your claim and any possible entitlement to compensation. To speak to our experts today, fill in a contact form or use our great online chat feature. Alternatively, you can speak to us directly by calling us today on 0800 073 8804.
The Reporting of Injuries Diseases and Dangerous Occurrences 2013 regulations
Find out further information about the reporting of workplace injuries.
If you have had a accident at work find out if you could be entitled to sick pay.
Statistics and information on workplace injuries in the UK.
NI Direct employer health and safety responsibilities
Further information on the responsibilities employers have for health and safety.
Make an accident at work claim
A guide to making an accident at work claims with Legal Expert.