| All employers (whether a worker is employed or a | | | | or family member, prescriptions etc - i.e. anything which |
| contractor) have a duty to take care of their | | | | the injured person has to pay out for which they would |
| employees. This duty includes the duty to ensure that | | | | not have had to pay but for the accident. In bigger |
| they are working safely and have proper equipment | | | | cases compensation may be awarded for losses that |
| and methods of work. It is not reasonable for an | | | | might arise in the future e.g. future lost earnings, future |
| employer to just say "just get on with the job". Lifting | | | | medical treatment etc. |
| injuries are one of the most common types of injury in | | | | If the compensation claim is straightforward, then it is |
| the workplace and an employer should always ensure | | | | possible that it will be settled within two years |
| that the lifting is done in a safe manner. The Health and | | | | maximum, however, if future medical treatment is |
| Safety Executive give a lot of guidance to employers | | | | needed, settlement may be postponed - as the |
| and employees on how heavy loads should be lifted | | | | outcome of the treatment received and whether or |
| safety. One of the things which an employer must do | | | | not it has been successful will affect the level of |
| is ensure that a person does not lift a heavy weight on | | | | compensation. Many victims of accidents at work |
| his own and they must also provide every employee | | | | suffer immediate financial hardship in addition to their |
| with a safe system of work. | | | | injuries. Accidents are unplanned so people cannot |
| Sometimes a person can be said to have contributed | | | | budget for them. Statutory Sick Pay is often only a |
| to his or her accident, by, for example, continuing with a | | | | fraction of what people earn, and contractors, for |
| task that he/she thought was not safe. However, the | | | | example, will not receive company sick pay. |
| employer has the duty of care - an employee would | | | | In the interim, an experienced accident claim solicitor |
| have to do something that is definitely not part of their | | | | may be able to claim a payment on account of |
| job description for it not to be the employer's fault.g. | | | | damages - if the insurance company admits |
| using the company van for an errand of his/her own. It | | | | responsibility. If finances are tight, some banks and |
| is advisable if you have a work related injury to seek | | | | other mortgage companies are prepared to offer a |
| legal advice from an experienced solicitor as soon as | | | | mortgage holiday, for example, for 6 months, until the |
| you can. Many solicitors will give a free first | | | | injured person is able to return to work. |
| consultation either over the telephone or face to face. | | | | Anybody who thinks they may have a compensation |
| Many solicitors will take accident claim work on a | | | | claim for an accident at work should be aware that |
| conditional fee arrange basis, ie no win no fee. | | | | there is a very strict time limit of three years from the |
| Anybody who thinks that they may have a claim | | | | date of the accident to make a claim. Anyone who |
| should also check their insurance policies (car, | | | | therefore thinks that they may have a claim should |
| household and contents) to see if they have any legal | | | | make sure that they consult a specialist accident claim |
| expenses insurance. | | | | solicitor as soon as they are able to. If the client is too |
| Compensation for a work accident is split into three | | | | unwell to make the visit to the solicitors themselves, |
| headings. The first category of damages is for any | | | | some compensation solicitors will go to see them |
| physical injury. Compensation is determined according | | | | either in hospital or at home. |
| to the severity of the injury itself and the future earning | | | | Alternatively some solicitors deal with accident at work |
| prospects and quality of life of the person injured. | | | | claims nationwide on the basis of telephone letter and |
| Damages are also available for out of pocket | | | | e-mail instructions only - without ever meeting the |
| expenses e.g. lost earnings, care by a family member | | | | injured person face-to-face. |
| or outside employee, cost of travel to hospital by client | | | | |