Work Injury Claims.
Statistically speaking, the workplace is the primary location for accidents and therefore many work injury claims. Nearly half of all accidents happen at work. Despite this fact, pursuing compensation for injuries suffered during workplace accidents can be difficult. Many people who are injured at work are concerned about retaliation from their employers if they file an accident at work claim.
These fears are for the most part unfounded. All employers are required by law to have Employer’s Liability Insurance to cover the costs of treating employees who file an accident at work claim. The law stipulates that action can be taken against an employer who discriminations against employees who file a legitimate injury at work claim and seek compensation for their suffering.
If you have been injured at work, be sure to report the incident, as it’s important to document all information pertaining to the accident should you make an accident at work claim. Even minor accidents should be reported, as the law requires employers with ten or more employees to keep records of such accidents. Serious injuries in the workplace must be reported to the Incident Contact Center of the Health and Safety Executive (HSE).
When filing an accident at work claim, the law also provides compensation for lost wages should you miss work as a result of an injury. This statutory sick pay can be used for up to 28 weeks, and will also cover serious illnesses.
These regulations hold the employer responsible for safeguarding the health of its employees. Part of this process is informing you of all hazards you may face as a part of your work. The failure to do so can result in both criminal and civil prosecution, and provides grounds for an accident at work claim.
Compensation as a result of an accident at work claim will most likely hinge on whether or not you can prove negligence on the part of your employer. Employers are legally required to provide safe premises at the workplace, safe working procedures, proper materials and equipment, adequate supervision and training, competent staff who have been properly trained, and safe methods for you to carry out work.
Employers are required to ensure that work is carried out in the safest way possible with considerations given to the type of work being done, the materials utilized in the tasks being performed, and the nature of the tasks being performed.
Whether or not this has been done correctly depends on the facts of the accident at work case. The primary measurement of how well the employer adheres to these requirements is the standards of the industry. When an accident at work claim is filed, these standards are used to judge whether or not the employer has adhered to regulations requiring protection of employees.
All employees must be advised of any inherent or known dangers related to the work they perform and be given proper training to avoid any injuries from these dangers. For example, an employee must be informed of any potential back injuries from heavy lifting expected to be done as part of his or her duties.
The employer is required to perform enough supervision to ensure that methods are carried out to prevent any injuries from these potential hazards.
When judging an accident at work claim, the extent to which an employer maintain its obligations to safety are considered. So, for the requirement to provide safe premises to work, an employer would be required to not have wet and slippery floors cluttered with things employees could trip on. Lighting, heating, ventilation and all other aspects of the workplace premises will also be considered in any accident at work claim related to these conditions.
If you file an accident at work claim, the condition of the equipment will also be considered, if it is related to your injury. Not only must the equipment be kept in safe, working order, employers are required to ensure that anyone using the equipment is properly trained in its safe use. Equipment would include everything from the furniture employees sit on to power tools. The employer is responsible for whatever equipment is used in the workplace and how it’s used to carry out the tasks of the business.
Lastly, it is the responsibility of the employer to ensure that all employees are competent. This means that an accident at work claim filed as a result of another employee’s incompetence can also be the responsibility of the employer. This includes work injuries stemming from improper use of equipment, and drinking and drugs problems. In an accident at work claim, an employer will be held liable for injuries resulting from such actions of employees that cause injuries to other employees.