Accidents at Work Guide

An employer can be considered to have breached the duty of care owed to you as an employee if they failed to do everything that was reasonable in the circumstances to keep you safe from harm. If an employer has carelessly neglected their legal responsibilities and your health and wellbeing have been compromised as a result, you may be entitled to compensation.

In most instances, any claim will be brought against the employer’s insurance company rather than the employer directly. In order to claim against your employer’s insurer, you will be required to demonstrate the following:

• you were an employee of the company or business at the time of the accident;
• your accident happened while you were at work;
• your employer neglected their duty of care, for example, by failing to comply with Health and Safety Regulations or by implementing unsafe working practices; and
• this negligence was the cause of your injury.

It is understandable that an employee who has suffered an injury in the workplace may feel apprehensive about making a compensation claim, fearing this may jeopardise their position within the business or may exacerbate an already fractious working relationship. If you are concerned about the possibility of losing your job or facing harassment as a consequence of experiencing a workplace accident, contact our Personal Injury Solicitors today. We can advise on the legislative safeguards that prevent such discrimination and unfair treatment occurring and the legal options available to you as an employee if these circumstances persist.

Whatever kind of accident you have been involved in, our role is to make sure your claim is as straightforward as possible and to obtain the maximum amount of compensation you are entitled to.

At Miller Samuel Hill Brown your dedicated Personal Injury Solicitor will first listen carefully to the details of your case. They will contact any witnesses and arrange a medical examination by an independent medical expert who will produce a report describing the injury you have sustained. Your solicitor may request evidence demonstrating your loss of earnings or other financial losses incurred as a result of your injury, as well as any other information that can be used to support your claim. Once all available evidence has been gathered, we will advise you of the expected compensation you are likely to receive on the basis of our assessment of your case.

Our expert Personal Injury Solicitors will assemble your claim from the evidence provided and negotiate a settlement on your behalf. If an agreement cannot be reached with your employer or their insurers, we may advise that you take court action.

There is a three-year time restriction on claiming compensation for a workplace accident. This time limit is triggered by the occurrence of the accident or from the moment an illness or injury is diagnosed if the symptoms developed over time or were not obvious or physically apparent.

Building a strong workplace accident claim can require detailed investigations and recovery of documentary evidence. As such, we recommend that you contact our Personal Injury Solicitors without delay if you are considering making a claim.