Accidents at work
- Go back
- 21st Dec 2018
- News & Insights
The workplace is generally a safe place to be. That is because employers put a great deal of effort into making it that way, so that workers can get on with their tasks and earn their pay.
That’s the theory. In practice, accidents happen at work just as they happen on pavements, in cars, and at home. Back injuries are commonly caused by unsafe systems of lifting (poor manual handling training or inadequate equipment, for example). Damage caused by a colleague’s negligence is also a fairly regular occurrence.
Employers have many responsibilities when it comes to employees. One of these is the duty to provide a safe working environment, which includes providing proper training to staff. If that duty is breached, liability – and a damages payment, usually covered by the employer’s insurers – almost always follows.
I say ‘almost always’ because there are many elements that make up a successful personal injury claim. Cases hinge on what exactly happened, why, and what outcome resulted. And, as injury lawyers, we help clients build their case. That means establishing how the injury or illness was caused, and that the employer ought to be held responsible for what happened. It also means showing the extent of the injury or illness, including its effect on the employee’s daily life, and on their finances.
The law is very clear that if you have been injured through the fault of someone else (including your employer, whether that’s an individual, a company, partnership or any other type of legal entity), you should be compensated. Clients quite rightly expect us to ‘win’ as much compensation as possible for them, and we have a strong track record in doing just that. But compensation is not a windfall. Its purpose is to, as best as money can, put someone in the position they would have been in had the accident or illness not struck. So, aside from building a case on liability, we work very closely with clients to establish what their claim – which will include everything from medical expenses and lost wages, to compensation for pain and suffering – is worth. Ultimately, this will be for a judge to decide, if the parties cannot settle the case between themselves.
For now, the most important message to share is this: if you have had an accident at work, or have suffered an illness because of your working environment, do something about it. Strict timescales apply to court proceedings, so look into whether or not you might have a claim. If you delay, you could find that you’re too late.
If you require any information or assistance on the matters raised in this article please contact our Litigation team by phoning 01264 353411, emailing; litigation@bsandi.co.uk or by filling in our no obligation, online enquiry form.