Accidents at work

Being involved in an accident at work can be quite upsetting, particularly if you have been seriously injured in the accident. Initially, you will be in pain and trying to recover from the injuries you have suffered.  If the incident was a serious one, there is likely to be an investigation by the Health and Safety Executive.  If it was less serious, your employer will investigate and this will help to understand what caused the accident and, hopefully, they will take the appropriate action to prevent anyone else in the future from being injured in the same way.

An employer has both a common law and statutory duty to ensure the safety of their employees. The duty is to take reasonable care, and this standard requires the employer to assess the potential risk of injury as against the harm the injury would cause the employee and the cost of putting safety precautions in place.

An employer must provide all employees with:

• safe premises and a safe place to work
• safe plant, materials and equipment
• a safe system of work and safe working practices
• competent staff as colleagues

However, you may bear some responsibility for the accident. For example, if you did not wear the Personal Protective Equipment, known as PPE, given to you by your employer. If you are found to have contributed to your accident by not wearing PPE then any compensation award may be reduced according to how much you are considered to have contributed in percentage terms.

You may feel uncomfortable with the idea of making a claim against your employer and you may worry that your employer could treat you differently as a result. However, employers are required to have insurance in place to cover these sorts of work accident claims and they are not allowed by law to treat you differently as a result of a compensation claim.

If you decide to make a compensation claim, there are a number of elements that make up your claim. Firstly, you have to prove that your employer has been negligent. If you do, then you can claim compensation for your injuries known as General Damages and compensation for any losses incurred as a direct result of the accident, known as Special Damages. 

The more serious your injuries, the higher the level of compensation.  If your injuries are life-changing, and you require professional care, you can claim compensation for your continued care for the rest of your life. You may not be able to work for several weeks or months and incur loss of earnings, in which case you will be able to claim the losses as part of your Special Damages claim. If you cannot return to work,  then you may have a claim for future  loss of earnings.  Where you need treatment, rehabilitation, physiotherapy or any special equipment or adaptations to your home or a car as a result of your accident and injuries, you will be able to claim these and they will also be added to your claim.

A work accident can have serious repercussions on your life, so think carefully about making a compensation claim and take advice from a specialist solicitor.

If you would like to find out more about an accident at work compensation claim,  please call  Deborah Lewis, Solicitor and Head of Personal Injury on  01264 325850 or by email at dlewis@bsandi.co.uk and she will be happy to discuss your accident at work claim with you.