INDUSTRIAL INJURY COMPENSATION CLAIM
Employers as well as employees usually overlook or fail to recognise that there are many statutory provisions that can result in an employer being held liable to pay an employee compensation in an industrial injury compensation claim in the event of an accident occurring while at work.
Occupational Illness
Many industries have procedures that despite being outdated are still being used and expose employees to unnecessary risk. Examples of this are injuries with regards to mesothelioma, asbestosis, industrial deafness, vibration white finger and repetitive strain injury. There are many other industrial illnesses that are still common where the risk has been known for decades however employers still fail to adequately protect their work force as is required law. It is important that an affected employee takes legal advice on industrial injury compensation claim settlements as soon as that employee becomes aware of an injury as the Limitation Act 1980 does apply to these cases.
Trips and Slips at Work
Employers are bound by law to make sure that the walk ways, access ways and exits to and from places of work are consistently safe. This means making sure that there are no defects and no obstructions or spillages that could make the floor unsafe. An employee who suffers an injury because the employer failed in this responsibility will most likely succeed in an industrial injury compensation claim against an errant employer.
Manual Handling Regulations
Employers have a duty to minimise manual handling operations by maintaining those operations that involve manual handling at a low level wherever reasonably possible. Where manual handling is unavoidable, employees should also be given adequate training and employers should make sure that the loads being pushed, pulled, lifted or lowered by employees are not too bulky, heavy or sharp or have strange centres of gravity that could increase the risk of accidents. Employers are required to carry out risk assessments in regards to almost all situations that may potentially involve manual handling and to minimise risk accordingly.
Defective Machinery.
All of the equipment in the workplace should be suitable for its particular purpose. If there are any defects in the equipment that would cause any injury then the employer will be liable and must pay for damages in an industrial injury compensation claim. Additionally, if the equipment is not compatible for the job or the employee did not get any training for the use of the said equipment and it leads to an injury then the employer will be liable.
Vicarious Liability
One should remember that the employer is liable for all of the acts of his employees whilst they are working which is known as vicarious liability. It is up to the employer to ensure that co-workers are competent and up to the job in hand. This means that if an employee who is driving a fork lift truck collides with another employee due to negligence and causes personal injury then it is the employer who is liable for those injuries.
Our solicitors operate exclusively using the no win no fee scheme. We pay compensation in full with no deductions. Our claims are totally risk free and, win or lose there is no charge. We do not ask you to fund or finance your claim as it proceeds and we only use specialist lawyers who are members of the Law Society panel of personal injury experts.
HELPLINE 0845 890 4092
In the case of CICA claims terms will vary and in the case of MIB claims terms may vary.