Steps to follow
- If you’ve been injured at work, you should (if you are capable of doing so) record the details of the incident in your employer's accident book. (All employers, apart from very small ones are legally obliged to keep one of these). Make the entry as soon as possible so the details are still fresh in your mind.
- Your employer has a legal duty to report serious work-related incidents and diseases – such as broken limbs; disease caused by work; any injury that stops you working for more than three days – to the Incident Contact Centre of the Health and Safety Executive (HSE). The onus is on them to make the report but you should check that this has been done.
- If the work-related incident means you’re unable to work for a time your employer has a legal obligation to pay you sick pay too. The amount will depend on what is stipulated in your employment contract, otherwise you should at least be entitled to statutory sick pay after you have been off work for three days. Any workplace arrangement regarding sick pay must pay an equal or greater amount than statutory sick pay. It’s worth checking if your employer has a scheme for paying more for absence due to accidents.
- Employees are obliged to take reasonable care over their own health and safety at work but your employer should also have carried out a health and safety risk assessment which is designed to highlight what equipment and systems need to be put in place to minimise risk to employees.
- If don’t think your employer has carried out a health and safety risk assessment or that something has been missed, point it out to your employer. If they don’t deal with the problem, call the HSE Infoline (0845 345 0055).
- If you think your employer was to blame for your accident – in whole or even just partly – you might be entitled to sue for compensation.
- A claim must usually be brought within three years of the incident (or sometimes, within three years of you realising that the incident has caused a problem with your health).
- Your best bet is to approach a personal injury lawyer who will assess your case and tell you if it’s worth bringing an action.
- They may advise you to have a chat with the employer before you start legal proceedings – or may talk to the employer or the employer’s insurance company on your behalf – to see if they wants to settle (ie pay you some money) without the matter going to court.
- Many lawyers in this line of work will take the case on a no win, no fee basis if they think you have a good chance of winning. This means that if you lose you won’t have to pay anything. If you win, you should get to keep all the compensation that’s been awarded to you because your solicitor will claim his/ her legal costs from the other side.
- If you belong to a trade union, they may have a legal services department which can provide you with the help you need.
What to watch out for
Your employer has a legal duty to obtain insurance cover just in case they are successfully sued for a workplace injury. Your employer’s insurance certificate, which will list details of their insurance company, should be on clear display at your place of work: if it is not, your employer is obliged to give you the details if you require them.
Solicitor’s top tip
If you think you were partly to blame for the accident it’s still worth consulting a solicitor. Even if your employer was only partly responsible, they may still be required to pay you compensation (although this may be less than they would have to pay if the accident was wholly their fault).
Useful links
Free advice
www.lawcentres.org.uk
www.citizensadvice.org.uk
www.lawworks.org.uk
www.communitylegaladvice.org.uk
Online services
Law Society
http://www.acas.org.uk/
http://www.worksmart.org.uk/unionfinder/
www.employmenttribunals.gov.uk/
http://www.employmentappeals.gov.uk/
Useful articles
Overview of accidents at work
Injury of a member of staff at work
I want to make an insurance claim
Overview of environmental, health and safety requirements
Overview of employment rights
Do I need a lawyer? (personal)
Choices if you cannot afford a lawyer
Choosing a personal injury lawyer
