If you’ve been unfortunate enough to have a workplace accident, you might consider making a compensation claim to cover the expenses you’ve incurred. However, you might be worried about whether or not your employer will find out and if they’ll sack you as a result.

In most cases, your employer won’t be able to sack you simply for making a compensation claim. If they do try to sack you, this would be considered unfair dismissal, and you could take them to an employment tribunal.

If you find yourself considering whether to make a work accident claim, we’ve put together this guide to provide you with all the information you need to make an informed decision.

What Type of WorkPlace Accidents Are Eligible for Compensation?

Different types of accidents can happen in the workplace – from a slip, trip, or fall to more severe accidents such as being hit by a falling object or suffering an electrical shock.

Some of the most common accidents include:

– Slips, trips, and falls

– Repetitive strain injuries

– Manual handling injuries

– Accidents caused by machinery

– Accidents involving vehicles

– Fires and explosions

If you’ve been injured in any type of accident at work, you could be eligible to claim compensation. This will cover any expenses incurred and any loss of earnings and also compensate for the pain and suffering you’ve experienced.

It’s important to know that it’s not only physical injuries that can be claimed for. You may also be able to receive compensation if you’ve been injured psychologically in the workplace.

accident at work

Criteria For Making a Claim

To make a claim, your accident must have happened within the last three years, and it must be proven that your employer was at fault.  Examples of this could include:

– Your employer didn’t provide you with the proper safety equipment

– Your employer didn’t carry out risk assessments

– Your workplace wasn’t safe

– You weren’t properly trained to do your job

Your case will need to stand up in court, so it’s essential to have as much evidence as possible.

This might include CCTV footage of the accident happening, medical reports detailing your injuries, and witness statements from people who saw what happened.

Your employer should also have liability insurance in place, which will cover the cost of any compensation claims made against them.

What Are the First Steps I Should Take After a Workplace Accident?

If you’re thinking about claiming for an accident at work, the first thing you should do is seek medical attention. It’s essential to get your injuries checked out as soon as possible, even if they don’t seem serious. This will ensure that you have a detailed record of what happened and how it has affected your health.

You should also inform your employer that an accident has taken place and make sure that they fill out an accident report.  This will provide you with valuable evidence for your claim.

It’s also a good idea to take photographs of the scene of the accident and gather together any witnesses who saw what happened.  Their testimony could be crucial in proving that your employer was at fault.

Should I Use a Solicitor?

You’re not legally required to use a solicitor to make a claim for an accident at work, but it can be beneficial to do so.  A solicitor will be able to handle all the paperwork and negotiations on your behalf, making the process much easier for you.

They will also have a good understanding of the law and will be able to give you the best chance of winning your case.

accident in workplace

How Much Compensation Can I Expect to Receive?

The amount of compensation you’ll receive will depend on several factors, including the severity of your injuries, how long it takes you to recover, and whether you’ve suffered any financial losses due to the accident.

Your solicitor will be able to give you a more accurate estimate once they’ve assessed your case.

What Are the Risks of Making a Claim?

The main risk of making a claim is that your employer could find out and decide to sack you.  However, as we mentioned above, this would be considered unfair dismissal, and you would be able to take them to an employment tribunal.

Another risk is that your case could be unsuccessful.  This is more likely to happen if you don’t have enough evidence or if the accident was found to be your own fault.  If this does happen, you may have to pay your solicitor’s fees unless you opted for a ‘no win-no fee’ agreement.

 

Claiming for an accident at work can be a daunting prospect, but it’s important to know that you have rights and there are ways to protect yourself.  We hope that this guide has given you the information you need to understand the process and make a decision

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