If you've had an accident at work, it's important to know your rights. The experience can be distressing, and you may be unsure of how your employer will handle the situation. In this guide, we'll explain your rights and answer some common questions we hear from our clients.
Winston Solicitors will provide you with clear and neutral information to help you navigate the aftermath of a workplace accident.
Suffering an accident or injury at work? Here are your rights and steps to take
If you have been injured at work, it is essential to know your rights and take the necessary steps to protect them. As an employee, you have the right to a safe working environment, and if your employer has failed to provide this, you may be entitled to compensation.
Here are some steps you can take:
- Report the accident to your employer as soon as possible
- Seek medical attention and keep a record of all medical reports and bills
- Gather evidence, such as witness statements and photographs of the accident scene
- Contact a solicitor who specialises in workplace injuries, such as Winston Solicitors, to understand your legal rights and options
Remember, acting quickly and seeking legal advice can help you protect your rights and receive the compensation you deserve.
What to do after an accident at work
If you have suffered an injury at work, it is important to act quickly and take the necessary steps to ensure your safety and protect your rights. Here are some things you should do after an accident at work:
- Report the accident to your employer: You should report the incident to your employer as soon as possible using the established reporting procedures, such as the accident book. This will help to ensure that the incident is properly documented and investigated.
- Seek medical attention: It is important to seek medical attention immediately for your injuries. This will help to ensure that you receive the necessary treatment and that your injuries are properly documented.
- Gather evidence: You should gather evidence and take photos of the unsafe conditions that led to your injury and any physical injuries. This evidence can be useful in the event that you decide to make an accident at work claim.
- Take photographic evidence: Taking photographic evidence of the accident can be useful in the event that you decide to make an accident at work claim. You should photograph any unsafe conditions that contributed to the accident and any injuries caused by the accident.
By following these steps, you can help to ensure that your rights are protected and that you receive the necessary support and compensation for your injuries.
Reporting an accident at work
When you have an accident at work, it is important to report it as soon as possible. Who you report it to depends on where you were working when the accident happened and your employment status.
If you were working in your usual workplace
If you are an employee or a worker, the best person to report your accident to is your manager. You can check your staff handbook or intranet if you are not sure who to report it to. If you are self-employed and the accident happened while you were working on your own premises, you must report it to the Health and Safety Executive.
If you were working somewhere that isn’t your usual workplace
If you are an employee or a worker, you should tell the person you usually report to when you are at that workplace. It is also a good idea to let your manager know about it. If you are self-employed and the accident happened while you were working on someone else's premises, you must report it to the Health and Safety Executive.
Recording your accident in an accident book
If the company or organisation you reported your accident to has more than 10 employees, they must record it in an accident book. It is a good idea to make sure it has been done, and you can ask your manager to check. If the organisation is smaller, they might still have an accident book, so it is worth asking if your accident can be recorded. If there isn't an accident book, write down details of the accident and send it to your manager or the person you report to. Keep a copy for yourself.
Remember, it is important to report your accident as soon as possible so that appropriate action can be taken to prevent similar accidents from happening in the future.
Can you be dismissed for having an accident at work?
It is natural to worry about the consequences of filing a claim for a workplace injury, including the possibility of losing your job. However, legally, you cannot be dismissed just for being injured, unless the injury was a result of your gross negligence.
If the accident was partly your fault, but partly a result of your employer's negligence, you may be able to challenge a decision to dismiss you from your role.
It is important to note that if you were not at fault for the accident, your employer should not dismiss you because of the accident. If your employment is unfairly terminated, this may constitute unfair dismissal, allowing you to take legal action.
To learn more about what to do if you have been dismissed after an accident at work, refer to our article on the topic.
Will you receive sick pay after an accident at work?
If you have been injured at work, you may be entitled to sick pay. Your employment contract should outline whether you are eligible for Statutory Sick Pay (SSP) or a higher rate of contractual sick pay.
The first step is to check your contract of employment to see if you can get contractual sick pay from your employer. You should also check if you have access to an employee assistance helpline or medical care.
If you are an employee or agency worker, you might be eligible for Statutory Sick Pay (SSP) for up to 28 weeks. You can check if you are entitled to SSP. If you are unable to get SSP, you may be able to claim Universal Credit or another benefit. You can read more about getting money when you're off work sick.
If you are self-employed and have income protection insurance, you can make a claim. If you do not have insurance, you can check what benefits you are eligible for. It is important to note that you should always inform your employer if you are unable to work due to sickness or injury.
Can you claim compensation for an accident at work?
If you have been injured in an accident at work, and your employer was at least partly at fault, you have the right to make a personal injury claim. According to the Health and Safety at Work Act 1974, your employer is responsible for providing a safe working environment. If they have failed to do so, you are entitled to seek compensation for your injury.
It is common for workers to worry about the repercussions of making an accident at work claim. However, your employer cannot discriminate against you for doing so. If you experience any unfair treatment from your employer, inform your trade union so they can provide advice.
Do not let the fear of impacting your employer financially deter you from claiming compensation. Employers are required to have insurance that covers such claims, which handles legal costs and compensation payouts, ensuring that no financial burden falls on individual employees.
Below is a summary of the key points to remember when making an accident at work claim:
- You have the right to make a personal injury claim if your employer was at least partly at fault for your accident.
- Your employer is responsible for providing a safe working environment.
- Your employer cannot discriminate against you for making an accident at work claim.
- If you experience any unfair treatment from your employer, inform your trade union.
- Employers are required to have insurance that covers such claims, which handles legal costs and compensation payouts.
Seeing a doctor
If you have been injured at work, it is important to see your GP as soon as possible. Your GP can record the details of your accident in your medical records and provide treatment for your injury. If you need to see a doctor urgently, you can find your local urgent care services on the NHS website.
It is also important to check your employment contract to find out if your employer is required to give you paid time off for your appointment. You can read more about time off work to visit the doctor on the government website.
Making a personal injury claim
If you believe that your employer or client is responsible for your injury, you may want to make a claim for compensation. However, this process can be complicated and lengthy. It is advisable to seek legal advice as soon as possible, as there are time limits for making a claim.
If you are a member of a trade union, you can contact your local representative or check their website for guidance on how to proceed. They can help you decide what to do and may even attend meetings with your employer to support you.
To get legal advice on making a claim for compensation, you can contact us at 0113 320 5000. Remember, the sooner you seek legal advice, the better your chances of success.
How much does it cost to make an accident at work claim?
If you are a member of a trade union, you may be able to make an accident at work claim free of charge as part of your member benefits package. Check your union pages to see if you are covered and could receive 100% compensation through making a claim through your union.
If you are not a union member, you can still pursue an accident at work claim without upfront costs by choosing a no win, no fee arrangement. The packages that law firms offer with ‘no win no fee’ claims vary considerably, and some firms charge much more than others.
At Winston Solicitors, we offer transparent information on our fees for non-union clients, available on our fees and payments page. Our fees are competitive, and we work hard to keep them as low as possible. We believe in providing our clients with the best possible service, and that includes being upfront about our costs.
When you make a claim with Winston Solicitors, you will not be charged any upfront fees. Our fees are only payable if we win your case, and they will be deducted from your compensation award. We will discuss our fees with you in detail before you decide to proceed with your claim, so you can be confident that you understand the costs involved.
Winston Solicitors is committed to helping workers who have been injured on the job. We will guide you through the claims process, ensuring that you understand your rights and the steps to take following an injury. Our top priorities are your safety and justice in the workplace.
Most people who make a personal injury claim do so reluctantly. Very little is generally known about the process and there have been many negative news stories in the press in recent years. Claims are progressed through the insurers and not directly with the responsible party.
You do not have to make a claim directly to the responsible party. We will take instructions from you as to the circumstances of the accident and the extent of your injuries. We will then submit your claim to the insurers on your behalf setting out your claim.
You need professional legal advice to ensure that you receive the maximum amount of compensation due to you. Insurers will attempt to settle your claim at an early stage and often before you have been able to instruct a solicitor. They do this to save legal costs which they otherwise would have to pay and to also secure the lowest settlement award possible.
If we do not win your case then we do not have any right to recover our fees from you. If we do win your case the insurers pay a fixed contribution towards the legal costs. You will also make a payment to us out of your compensation.
If the insurer admits liability and agrees to deal with your claim, they will also meet part of your legal fees. A deduction will also be made from your damages award to cover the costs of running your claim.