Accidents at work are more common than you think, read on to find out whether you can claim for loss of earnings through a personal injury claim.
If you have sustained an injury due to an avoidable accident at work e.g. a neck injury as a result of an accident in a warehouse or office, you could be entitled to claim for damages and to recover the loss of your earnings. Every employer has a duty of care to its employees and if you feel that your injury came about as a result of negligence you are entitled to seek legal advice.
The prospect of taking your employer to court can be daunting, but it is important to know that the law is there to protect you. Even in the event of court proceedings, it is illegal for any employer to dismiss or discriminate against any employee. Your employer also has to leave your job open to you until after you recover. Any infringements of this employment law can result in prosecution, so you don’t need to worry about any 'repercussions' when going about making a legitimate claim for the compensation and loss of earnings that you deserve.
Employers are covered by Employer's Liability Insurance, which covers the cost of any accident at work. So any accidents that occur in the workplace are already covered, this means that you will not be claiming money direct from the employer, so your claim will not damage the company no matter how small they are.
The most common types of accident at work fall into the category of 'personal injury', which includes trips, falls, insufficient training and faulty equipment. Industrial accidents and work related diseases are also covered by the term personal injury; though happen less often as a result of the 1974 Safety at Work directive.
There are many solicitors and specialist claims companies available to deal with personal injury claims, some specialise in certain types of injury e.g. work-related injuries. It is important to research which personal injury speciality your chosen solicitor has and to find out in advance whether they have a no win no fee policy. You can easily find a specialist claims company online who will be able to deal with your circumstances.
One of the most important factors in a personal injury case relating to the workplace is being able to prove that someone else was responsible for your safety at the time of the accident or that the accident was not your fault.
Employers are liable for prosecution in negligence under common law duty and under Health and Safety regulations. If you can prove that either of these laws has been broken, you will have a very strong case for a personal injury claim.
Your solicitor or claims advisor will go through the evidence with you and should tell you very quickly whether your case is sufficient to bring to court.
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