Health and safety law in UK is governed by copious EC rules and regulations and domestic legislation which aim to protect employees and visitors to the workplace against personal injury caused by the myriad of potential dangers to be found in industrial environments which includes factories, farms, retail sales outlets, warehouses and offices. Work accidents in UK and it is estimated that every year there are over a million actionable work accidents that cause personal injury each of which could form the basis of a personal injury compensation claim however most victims of negligence in the workplace don’t take advice from a work accident solicitor within the three year time limit. In addition millions of other people attribute an on-going health problem to conditions in the workplace, only a small percentage of whom have had the benefit of a work accident solicitors advice. Employers are required to keep an accident book that records all dangerous incidents in the workplace particularly work accidents that cause personal injury for inspection by employees or the health and safety executive. If you are injured in an accident at work you should report the matter to management, insist on an entry in the accident book, preserve any evidence, obtain location photographs, record the names of witnesses, make a written record of the incident, see a doctor and speak to a work accident solicitor for urgent advice on how best to preserve your right to claim compensation for personal injury. Some employees worry about the security of their employment if they make a claim however it is usually an insurance company that pays the damages and not the employer. Also, it is unlawful to treat an employee less favourably under these circumstances which can result in an additional claim for compensation for unfair dismissal and reinstatement of employment where appropriate.
Notwithstanding copious 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.
The amount of the financial award for personal injury in a work accident compensation claim depends on the extent of the injury, the recovery time and whether or not there are any long-term disabilities. In the event that the work accident solicitors for each side cannot come to an agreement about what the claim is worth, the matter must be placed before a judge sitting in a court of law to decide the amount of the award after hearing representations from both sides’ personal injury solicitors. The assessment by the judge will be based on the amounts awarded in similar previously decided personal injury cases and on judicial guidelines tempered by the judge’s previous experience as a practicing lawyer. The amount of the award in a work accident compensation claim is usually subject to appeal if either party feels that the amount of the award is inappropriate.
There are time limits on personal injury cases in all jurisdictions throughout the world. This is because memories fade, records are lost or corrupted, witnesses die and insurers go out of business. In the UK a claim for personal injury compensation must be settled or proceedings must have been issued by a work accident solicitor, in a court of law within three years of the event causing injury or within three years of positive diagnosis for some industrial diseases with a long latency period between exposure and symptoms of illness. There are exceptions for minors (people under eighteen years of age) in so far as time does not run until the 18th birthday, expiring on the eve of the 21st birthday and time does not run against the mentally disabled until full capacity is regained (if ever). In addition, the court has a wide discretion which is rarely exercised except in extreme cases.
Our work accident solicitors are able to represent you in a personal injury compensation claim if your employer has failed to reach the safety standards demanded by law and as a result you have suffered personal injury. An employer should take reasonable care to ensure that your fellow workers are competent, that any machinery or equipment used is adequate and well maintained, that you are trained in the process and in the use of the equipment, that adequate safety protection is available to you and is actually used by you, that a safe system of work is employed and that a risk assessment has been carried out on any process which might involve possibility of injury in order to establish if alternative, less dangerous, procedures are available.
If you are injured at work, it is possible to make a claim for compensation if your employers have been negligent, if one of your fellow workers has been negligent or in certain cases, even in the absence of negligence, if your employer has breached a statutory duty imposed by legislation. Negligence is effectively a failure to use reasonable care. It is doing something that a reasonable person would not do or failing to do something that a reasonable person would do under similar circumstances. It is a departure from reasonable conduct.
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 compensation claim for employers negligence it is necessary for work accident solicitors to prove the following four elements:-
In most cases, in order to make a successful personal injury 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 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.
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:
Health and Safety issues have become more rigorously observed on the part of employers due to a general increase of personal injury compensation claims in the UK. Most of the legislation regarding safety at work is contained in five statutes. The most frequently used regulations to establish liability in a work accident compensation claim include:
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).
Our work accident solicitors deal exclusively with accident compensation claims on a mo Win No Fee basis. We will minimalise any inconvenience to you and we offer free advice without obligation from some of the best lawyers in the business. We ensure that our client’s interests are a priority and our lawyers deal with claims in a friendly, efficient and competent manner to ensure that you get the compensation that you deserve in the shortest time scale possible. We operate the no win no fee* scheme otherwise known as a conditional fee agreement. 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. Our lawyers are members the Solicitors Regulation Authority panel of personal injury experts. 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.