Hurt at Work? How to Claim What You Are Due | LabourBlawg

Hurt at Work? How to Claim What You Are Due

by ThomasEdwards on September 24, 2012

Unfortunately, workplace accidents that cause injuries are common in the UK and lead to thousands of workers missing time every year. Those who feel like their employer is at fault for these injuries have a number of options, including filing an injury claim. In cases where clinical negligence is present, it is a good idea to seek any financial reimbursement possible. Many employers have started cutting corners with their safety standards because of the economic downturn, but innocent workers should not have to suffer through not only an injury, but also lost wages because of this negligence.

Causes of Injuries

Injuries can occur in a variety of different situation, such as slips and falls, explosions, fires, dangerous substances scaffolding collapses, and falling debris. The injuries that occur can include broken bones, concussions, blindness, amputations, and even death. Any injury that presents a worker from going to work for at least seven days must legally be reported to the Health and Safety Executive. Any injury that occurs at all should be reported in the company’s logbook, just in case it worsens over time.

There is a distinct set of laws for each situation put forth in the Health and Safety Act, which outlines the responsibility that an employer has in these situation. Since employers have a duty to protect their workers, a settlement might be due in the case of clinical negligence. For this reason, it is vital that all workers follow the correct process when an injury occurs, since they cannot receive the proper protection if they do not.

Making a Claim

Those who are injured at work while fulfilling a work activity are able to file a claim for financial compensation. The process is usually pretty simply, as long as the worker follows the correct procedure. In most cases, it is a good idea to contact a solicitor who can help put things into motion, as these individuals deal with hundreds of clinical negligence cases every year and know the exact process. Different solicitors have knowledge in different areas, since there is a different claim for each injury type. Therefore, it is a good idea to speak with someone who has dealt with this exact situation.

The process differs depending on how the employer handles it. In most situations, the employee will be referred to the insurance company, which is how the claim goes through. This is another situation where having a solicitor on a retainer comes in handy, since he or she can deal directly with the insurance company and, with any luck, settle the dispute out of court.

Amount of Claim

The amount that an employee can claim is based on a number of factors. The first type of claim is merely for those who have missed some work due to an injury. This is considered a repayment of these lost wages and medical expenses and it maxes out at an amount that is similar to these costs. As long as the worker is eventually able to go back to work, the amount will probably be a maximum of about ₤25,000.

In situations where the medical expenses and time away from work are more extremely, this number grows exponentially. There have been cases where employees have been awarded over ₤1,000,000 in these situations, although this is usually because of a permanent injury that occurred on the jobsite. This is an extreme case of clinical negligence and usually means that the victim’s quality of life has been lessened in some way because of this accident.

When to File

Any injury that occurred on the jobsite could potentially turn into a clinical negligence, since there is no way to know how long an injury will take to heal. As a result, it is a good idea to file an accident report after every injury, since this protects the employee if things worsen over time.

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