Our Personal Injury department has received an influx of new cases from employees who have been made redundant or let go by their employers. Many of them did not previously want to pursue making a claim against their employer about an accident they had suffered in work, due to fear of ‘rocking the boat’.
If you have been injured in your current workplace or somewhere you have worked in the last three years, you may be eligible to make a compensation claim. This time period can be longer if it is related to a disease (e.g. respiratory). However, we understand that you may be reluctant, as you do not know your odds of winning or how your employer will react, if you take action.
To put your mind at ease, our personal injury and employer liability solicitors outline the law and the basic need-to-know information, which you should consider before electing a legal representative.
Workplace Accidents by Numbers
Workplace injury and illness is quite common. In the year ending 2018/2019:
• 1.4 million people were suffering from a work-related illness in Great Britain.
• 581,000 injuries occurred at work according to the Labour Force Survey.
• 28.2 million working days were lost due to work-related illness and injury.
• £15 billion – the estimated cost of these injuries and ill health from current working conditions (2017/18).
Pay Whilst Injured and the Fear of Being Dismissed
If you are concerned about loss of income, you will be happy to hear that staff should get statutory sick pay (SSP) for any time off, due to work-related injury or illness. Some employers may also offer increased SSP, if they are liable for your injury.
This should not have a huge effect on your employer, as all businesses are required to have employer’s liability, by law. This will cover the costs of your SSP and any compensation you successfully claim, and prevent any major hits to business cashflow or profitability.
Making a claim is therefore unlikely to cause irreparable damage to your employer/employee relationship. Furthermore, if you are dismissed or ill-treated; due to your claim, it is within your rights to seek an employment tribunal.
Adjusting to Your Needs
If you feel you would be able to return to work, even if that meant lighter duties or reduced working hours, we recommend you speak to your doctor for a second opinion and discuss with your employer, what they can do to help.
If you have suffered long-term consequences of your accident, your employer may be legally obliged to make reasonable adjustments to get you back to work. This duty to make reasonable adjustments, is outlined in the Equality Act 2010.
Suffered an Injury? Here Are a Few Top Tips
• Report an accident as soon as possible and ensure it is recorded in the company accident book. If you’re unable to, ask someone else to do so on your behalf.
• See a doctor and have a note made on your medical records, even if the injury doesn’t appear ‘too serious’.
• If you are concerned about the workplace being unsafe, speak to your trade union or contact the Health and Safety Executive (HSE).
• You must begin proceedings within 3 years of the accident.
How to Make a Claim
To learn more about workplace accident compensation claims, contact our personal injury and employer liability solicitors today on 0808 178 2773.
Statistics source: HSE