Hazards of the job: find out whether your work injury could bring about a personal injury legal case.
Have you been injured at work in an accident that could have been prevented within the last 3 years? If the injury was not your fault you could be entitled to damages from your employer.
Every employer has a duty of care toward its employees and is responsible for the undertaking of Health and Safety implementation within the workplace. If you feel that your injury was avoidable within the minimum standard terms of Health and Safety legislation in your work place you are in a very strong position to claim for damages and to recover your loss of earnings.
It is important to understand your legal rights in these cases, whether your injury is a physical injury or a psychological injury brought about by bullying or stress. Both these situations are protected under employment law, and constitute a breach of contract between the employer and you. Every employer is required to have an insurance policy to cover the costs of such incidents and or injuries. This means the money to cover your losses is accessible easily if you go about it through the correct means.
It can be daunting to take your employer to court, but it is important to remember that once again, the law is on your side. Your employer is obliged to keep your job open to you until your return - it is illegal for any employer to dismiss you as a result of your having made a claim against them.
Every year a million people are injured at work and 25,000 people are forced to give up work whether temporarily or permanently due to work related injuries or illness - the law is there to protect employees who suffer from such incidents.
The most common reasons for employees to bring about a claim are the following:
- A trip or slip hazard
- An injury resulting from the use of faulty equipment.
- Insufficient or incorrect training within the work place.
- Heavy lifting and insufficient training to prevent injury.
These are the most common reasons for a claim, though this does not mean your case will be unsuccessful if none of these apply to you. For example if you suffered a whiplash injury as a result of a work-related accident you are still eligible.
If you feel that your circumstances should be looked into, find an experienced solicitor who understands employment law and the type of personal injury e.g. whiplash injury you are suffering from. There are many around, and most offer to work on a no win no fee basis.
A simple internet search will give you an idea of the help available including specialist claims companies who often offer a higher chance of success in claims cases.
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