Notwithstanding copious domestic and European Union legislation, statutes and safety regulations there are still many employers who fail to ensure the health and safety of their employees by compliance with the rules, often by taking short cuts with the intention of circumventing the law in order to save money. To make matters worse, once a claim is intimated by work accident solicitors on behalf of an employee, to an employer, all of the documentation is immediately passed over to the compulsory employers liability insurers many of whom refuse to admit liability at an early stage as a matter of policy in the hope that such denial will give them a stronger bargaining position when it comes to compensation negotiations.
Many insurers will attempt to deal directly with an injured employee in the hope that they can bamboozle that potential claimant and settle for a sum that is less than market value. These unscrupulous insurers will arrange for their own medical evidence using a 'friendly' medical consultant (friendly to the insurers that is) and in most cases the claim will settle at well undervalue because of a lack of knowledge of claims procedures by the layman who has not had the benefit of advice from a firm of work accident solicitors.
Many of these situations are manifestly unfair however our work accident solicitors can redress the balance and ensure that you receive a full settlement for your claim. We operate using the no win no fee scheme. If you require advice on work accident compensation claims just call the helpline or email our offices, our advice is free and there is no further obligation to proceed. We are aware that some employees are reluctant to claim for accidents they have suffered at work as they feel that it may prejudice their work position - contact us we can help.
Employers owe their employees a duty of care and must minimise the chances of work-related accidents by the use of risk assessments and implementation of a safe system of work. In order to succeed in a work injury compensation claim for employers negligence it is necessary for work accident solicitors to prove the following four elements:-
Statutes have been enacted to help ensure a safe working environment for employees. Two of the most important pieces of legislation are the Factories Act 1961 and the Health and Safety at Work Act 1974. Both set forth stringent requirements for a safe and healthy working environment. Under the mandates of this legislation, an employer has a duty to provide:
There are certain steps you should take if you have suffered an accident while at work. First, report the accident to your supervisor. Make an official record of the incident in the accident book. Keep your own detailed record of the accident. Include information such as how, when and where the accident occurred. Also note the names of any possible witnesses. See a doctor as soon as possible to ensure a full and complete medical record for use in verifying your work injury compensation claim.
A 'slip and fall' or 'trip and fall' is used to describe an accident in which someone sustains an injury due to tripping, slipping or falling usually as a result of dangerous or potentially hazardous conditions on another person's (or company's) property. Trips and slips are among the most common accidents that cause personal injury in the workplace, with almost 10,000 cases reported annually in the UK. Incidents of tripping, slipping or falling causing personal injury are often due to negligence or to a breach of safety regulations on the part of the employer which may give rise to a successful solicitors accident compensation claim.
Falls can be caused by any number of factors and hazards contributing to 'trip and slip' or 'trip and fall' injuries can be either obvious or latent. Obvious conditions include broken staircases, defective pedestrian access or failure to clear debris from a work environment, while latent conditions can include hidden potholes, wobbly or rocking floor sections or a slippery floor that is not obvious. Typical injuries sustained in trip, slip and fall accidents include sprains, fractures, concussion and other head injuries together with cuts, bruises and grazes. Whilst some of these injuries are slight there are many occasions where broken limbs and injured backs cause serious and severe long term illness that puts an end to the victims working career thereby attracting very substantial damages in a solicitors accident compensation claim.
Employers have a responsibility to their workers to ensure that the workplace is as safe as reasonably possible and if you have sustained personal injury as a result of slipping or tripping or falling due to the dangerous condition of your workplace or on some other property where your presence was required by your employer then you may be able to instruct work accident solicitors to make a compensation claim against your employer or against a third party, if the incident occurred away from your normal place of work. Not all slips, trips and falls will give rise to a compensation claim. If the injury was entirely your fault the no claim can be made. If however you merely contributed a part of the blame then a claim can still be made against the employer (who is also liable for the negligent actions of your co-workers).
The employee is surprisingly well protected by the law with numerous statutes and regulations which dictate and direct the standards that employers should attain, to ensure the health and safety of their operatives. Unfortunately not all employers conscientiously adhere to the standards expected of them. On some occasions this is as a result of negligence and at other times it is a deliberate or reckless disregard for the law with consideration only for profit. In either case injury caused as a result of breach of the rules entitles an employee to make a compensation claim.
Employers have a responsibility to their workers to maximize safety within the workplace by taking adequate precautions, including ensuring that premises, machinery and transport vehicles are not defective and are properly maintained, installing adequate lighting and ventilation, providing sufficient training, supervision and safety equipment and regularly cleansing the work environment including adequately clearing waste materials. If you have been involved in a accident at work and you think that your employer may have been negligent in regards to the health and safety of employees, you should consult a firm of work accident solicitors as soon as possible to investigate the possibility of claiming compensation for any personal injury or financial loss that you may have suffered.
All business owners are required to take out Employers' Liability Insurance, in order to protect both their workers and their own interests in the case of an accident at work. Employees involved in a work accident that was not their fault can usually claim compensation which should be covered by Employers' Liability Insurance.
Personal injury can be as a result of prolonged and repetitious acts, traumatic physical incidents or from being exposed to a hazardous environment including exposure to noxious substances. In almost every case, it will be possible for an employee to make a work accident compensation claim as there are very few occasions when an employer can escape liability, if an employee is injured whilst at work or is injured in the course of employment. All employers are required to display an Employer's Liability Insurance Certificate.
Our work accident solicitors deal with compensation claims for injuries ranging from fractures and back strain through to repetitive strain injury, work related upper limb disorder, carpel tunnel syndrome, industrial deafness, tinnitus and Duprytren's contracture. We also have specialists who are able to deal with catastrophic injuries including spinal cord injury, brain damage and fatal accidents. Hazards causing injury not only occur in industrial situations and many office workers are injured every year as a result of their employer’s inadequacy. Employers are required by law to create a risk free work environment with the following essentials :-
In most cases, in order to make a successful work accident compensation claim it is necessary to show that an employer has been negligent, by proving that the employer has failed to take reasonable care for the safety of his employees. There are however numerous protective statutes which dispense with the necessity to prove negligence and in certain circumstances an employer will be absolutely liable to pay compensation without the necessity to prove negligence. If the employee can show that his claim is one where there is 'strict liability' then the employer will have to settle the claim, without the opportunity of putting forward any potential defence. An experienced lawyer will take initial details and if there is any question about establishing liability he will consider not only the law of negligence but also a number of relevant statutes to see if strict liability applies to the particular circumstances of the accident.
The most frequently used regulations to establish liability in a Leeds work accident compensation claim include:
There are circumstances whereby an employee perceives that he is in danger in advance of any accident which may potentially cause personal injury. If an employer upon being advised of the danger does nothing to ensure compliance with the regulations to reduce risk as far as is reasonably possible, the employee can resign his post and may be able to claim compensation in the Employment Tribunal for 'constructive dismissal'. Prior to resigning the position, an employee should take detailed advice from specialist employment solicitors.
Whilst normally a three year time limit applies to commencing proceedings it is always best to contact us as soon as possible after the incident in order that our work accident compensation solicitors can advise you how to proceed. There are notable exceptions to the three year rule including exemptions for minors and the mentally disabled. The Statute of Limitation is a complex area of law that requires expert consideration.
Our work accident solicitors deal with personal injury compensation claims using the no win no fee scheme. Our lawyers are members the Solicitors Regulation Authority panel of personal injury experts. You will receive a complete professional service from lawyers who specialise in claiming compensation for personal injury caused as a result of an accident. No legal charge is payable unless the legal case is won and the client obtains an award of compensation. In the event that the legal claim is lost there is no charge made to the client.
Work accident compensation claims need specialist advice and it is very important that you contact us without delay. This area of law can be complex and we need to speak with you to obtain the details of what happened. Our specialist solicitors are experts in personal injury compensation claims and will assess the matter without cost to you. Your employers are required to comply with numerous statutes and regulations relating to health and safety, training requirements, assessment of risk to employees, equipment, hazardous substances and many other matters. If you would like legal advice at no cost and with no further obligation from a qualified lawyer, just use the helpline or email our offices. We operate the no win no fee scheme otherwise known as a conditional fee agreement.Solicitors Helpline: ☎ 0844 332 0859