WORK ACCIDENT CLAIM - NO WIN NO FEE
Personal injury caused by wrongful acts of the employer or by the negligence of other employees is the liability of the employer. Severe long term injuries can also be caused by unsafe or prolonged repetitive acts required by the employer or simply from being exposed to a hazardous work environment. In an employment situation it is often unnecessary to prove negligence against the employer in a work accident claim as there are many circumstances where an employer is strictly liable for the consequences of their actions even though it may be difficult or impossible to show negligence. If injury occurs as a result of the employers neglect or as a result of failure to abide by the regulations then the worker is entitled to receive compensation in a work accident claim for any injuries that are sustained as a direct result of the employers failures. All UK employers must maintain an insurance policy known as Employer's Liability Insurance which covers the payment of compensation for personal injury to employees who are the victims of negligent actions by the employer.
SOLICITORS HELPLINE 0845 890 4092
Health & Safety
It is the responsibility of the employer to reduce the incidence of work accident claims by ensuring the following essentials :-
- employing capable and safety conscious employees
- providing appropriate equipment and training on how to use it
- providing a safe place to work with adequate fire escape routes, ventilation, cleanliness, sufficient floor area and height and adequate sanitary conveniences
SOLICITORS HELPLINE 0845 890 4092
Legislation
A work accident claim often arises as a result of improperly trained or negligent co-workers, trips and slips on unsafe floors, falls from height, poorly maintained machinery or equipment, improper use of chemicals and hazardous materials and improper stacking of raw materials or boxes. There is a wide range of legislation in place to protect employees and the most frequently used regulations used to prosecute a work accident claim are as follows :-
- Management of Health and Safety at Work Regulations 1992:
These regulations stipulate that every employer has to perform risk assessments for all operations likely to be carried out in order to protect employees, visitors, contractors and clients etc. If an accident occurs in a procedure where there has been no risk assessment or an inadequate risk assessment then an employer is likely to be held liable in a work accident claim to pay compensation for injury. Even if a risk assessment has been carried out an employer is still liable for any negligent actions which cause injury.
- Workplace (Health, Safety and Welfare) Regulations 1992:
These regulations set out the standard of the common facilities in any place of work which includes maintenance of the workplace, ventilation and lighting, disposal of waste and the condition of floors, washing facilities, escalators and doors and gates. The employer has to ensure that these facilities are maintained according to industry standards.
- Provision and Use of Work Equipment Regulations 1998:
These regulations state that equipment and machinery must be kept in good working order and adequate training must be provided to employees to use them.
- Personal Protective Equipment at Work Regulations 1992:
These regulations require that every employee shall be provided with appropriate personal protection equipment and training on how to use it. Employees who fail to use safety equipment can be dismissed from employment as their failure puts others at risk not least of which is the Rescue Service.
SOLICITORS HELPLINE 0845 890 4092
Specialist Personal Injury Solicitors
Our solicitors deal with personal injury claims on a risk free no win no fee basis and compensation is paid in full. Win or lose there is no charge. If you have been injured in an accident within the last three years, do yourself justice and use the helpline or complete the contact form and we will immediately put you in touch with a specialist solicitor. If after talking to that solicitor you decide to proceed no further, there is no obligation and you will not be charged for any advice.
HELPLINE 0845 890 4092
In the case of CICA claims terms will vary and in the case of MIB claims terms may vary.