Accidents at Work
If you’ve been injured at work you may be able to claim compensation. At Arthur Jackson & Co. Solicitors our team of personal injury experts are experts in accident at work compensation claims. We use a well defined process to ensure that every client gets the same high quality service.
Accidents at Work – Overview
An accident at work can give rise to a claim for compensation if your employer has breached their duty of care. This involves all employer’s duty to take reasonable care of your health and safety.
Employers are required to assess any potential injury risks, as well as guard against them and the harm they could inflict.
- Safe place of work
- Safe materials and equipment
- Safe system and practices of work
- Safe staff(colleagues)
This duty of care can be extended to include things such as warning employees of risks they are likely to undertake in the course of their job. These duties cannot be delegated and entrusted to another party and must be fulfilled by the employer.
Safe Place of Work
This duty relates to any premises that are owned or occupied by the employer. It also extends to any premises owned by other parties on which you are expected to work.
In practical terms this means that an employer must ensure that all areas are safe for their employees. This could mean ensuring that floors are kept clean and dry or that access to the premises is safe. If you have been injured at work and your injury was caused by the premises, or something left where it shouldn’t have been, then you may have an accident at work claim which our expert injury lawyers could assist you with.
Safe Equipment and Materials
Your employer is under obligation to provide you with the proper equipment and materials for you to do your job safely.
If you have been injured as a result of faulty, or inadequate, equipment then you may be able to make a claim. This could be caused by something such as your employer failing to provide you with the correct personal protective equipment, or that the piece of machinery you were using had not been maintained and serviced to a reasonable level.
Safe System and Practices of Work
This involves your employer providing you with proper training and instruction. As well as a safe way to carry out work. It also includes the layout of your working area and having appropriate warnings placed throughout the workplace.
If your employer has failed in any of these regards then you could have a claim.
Can I claim compensation for my accident at work?
If your injury happened due to any of the issues discussed under duty of care then our accident at work solicitors in Rotherham can help. If you’ve had an accident and you aren’t sure if you have a valid claim you can make use of our free consultation. This will enable you to get the answers you need on if we think you have a good claim. You can secure your consultation on this website or by calling 01709 363876. Alternatively, you could e-mail us at email@example.com
How long do I have to make a claim for my accident at work?
The standard limit on bringing a case for an accident at work is three years.
We always recommend that our Clients get in touch with us as soon as possible. This is so we can best advise them on how to proceed. It enables us to begin building your successful case early.
Before you consult with us we recommend that you make a record of details about your accident and anything that relates to it. This can help streamline the process and put you in a better position. The following information can be useful:
- Record of events relating to your accident, in as much detail as possible
- Details of any issues with machinery, training, systems or the workplace
- Any documents relating to your accident
- List of witnesses
Free Initial Consultation
We’ll discuss these details with you at your free consultation and use them should you decide you want us to help you make a claim for your accident at work.
Once you have decided you wish to proceed, we’ll investigate who is liable for your injuries. After we’ve established a duty of care breach we’ll seek an admission from those responsible.
When liability is established, we’ll begin to assess the scale of damages appropriate in your case. We’ll do this with the assistance of expert medical opinion as well as your own assertions on the impact that your injury has had on you.
If liability is accepted and a case is sufficiently complex, and the extent of injuries unclear, we will then move to secure you an interim payment. This is an amount that will be taken from your final settlement figure and will ensure increased financial security for you earlier in the process.
Once your injuries, and their effects, have become sufficiently clear we’ll look to secure your final settlement for your accident at work. Whilst most claims settle out of court it can be the case that a defendant either disputes liability, or doesn’t agree to pay an amount of compensation which we feel you deserve. In these instances, it will be necessary to start court proceedings. If this is to happen in your claim, you will be provided all the support and advice necessary to see you through to a fair and just conclusion and award.
How much can I claim?
If you’ve suffered an injury at your job one of the first questions you’ll have is how much can you claim? This question is not immediately answerable as each workplace injury claim is different. Guides, such as the Judicial College Guidelines and previous case decisions, exist to estimate compensation awards, but they are not an exact science. Even if you have suffered the same injury as someone else, it might affect you differently.
It is for this reason that we feel it is extremely important that you get the personal service you deserve so that your compensation is awarded appropriately.
The areas of damage you will be eligible to claim will depend entirely on how you have been affected. For a general idea of the types and kinds of things included you can read about general and special damages in our article on the subject.
How long will my accident at work claim take?
As with any personal injury claim those that relate to an injury in the workplace can take anywhere from months to several years. How long your case will take will depend on the severity and complexity of your injuries, as well as the challenges involved in establishing liability. Once your accident at work solicitor in Rotherham is aware of the facts they’ll be able to give you a rough estimate on the time frame.
How will I pay for my injury at work personal injury claim?
Following your free initial consultation, where our expert team will advise you on if we believe you have a case, we’ll discuss with you the different funding options available.
No Win, No Fee Accident at Work Solicitors in Rotherham
In many cases your accident at work claim will be able to handled on a no win, no fee basis. This will usually involve an insurance policy being taken out on your behalf. If you comply with this policy you will not be exposed to any financial risk.
If you are successful your opponent will usually pay most of your costs. Anything that is not covered by them will be taken from your award for compensation.
If you are not successful, you will not be charged. Any costs owed to the defendant, or any disbursements, will be paid by your insurance policy.
Legal Expenses Insurance
Household insurance policies often contain an extent of legal cover that can be used to cover part, or all, of your costs associated with bringing a personal injury claim.
Trade Union Membership
Trade Unions will often cover the legal expenses of their members in situations where they have been injured in an accident at work
What can my employer’s do if I start a claim again them?
If you’ve suffered an injury at work your rights at work are protected. This includes protection from dismissal, bullying, discrimination, demotion or being passed over for a promotion.
In the event that you feel you have been treated unfairly because of your claim then our employment lawyers will be able to help. If necessary we can explore the need to commence employment centered proceedings against your employer, in addition to your personal injury claim.
Will I get paid if I’m off work after an accident at work?
Whether you will be paid will depend on the terms of your employment contract. It is possible that this will include paid absence after an accident at work. If you are not paid due to your inability to work as a result of your injury then we will include a past loss of earnings amount in your total compensation figure to recoup these losses for you.
Arthur Jackson & Co Solicitors will only use your information for the purposes of your enquiry.