• 12 August 2011

Can I claim compensation for my workplace injury?

by Macks Solicitors

If you have been suffered an injury at work that wasn’t your fault, you can submit a claim for compensation.

Every year, thousands of people are affected by injuries that happen during the course of their work. These injuries vary from tree surgeons falling from trees to office workers tripping over cables. In 2009/10, the HSE reported that approximately 2.1 million people were suffering from an illness that they believed had been caused by or made worse during the course of their work. That equates to 28.5 million working days lost.

The results of an injury at work can be devastating. Every year, hundreds of workers suffer serious injuries which impact their everyday lives and often mean they can’t return to work, either temporarily or permanently.

The most common cause of major injuries at work is from a slip or trip. Slips and trips can happen in almost every type of workplace. If there is a spillage on the floor that hasn’t been cleaned up, this can be a slip hazard. Worn flooring, items blocking walkways and loose cables can be trip hazards. Also, activities such as carrying or pushing/pulling can increase the risk of injury from slipping or tripping as can environmental factors such as dim lighting. Both employer and employee have a responsibility to look out for hazards in the workplace. The Health and Safety at Work etc Act 1974 stipulates that “It shall be the duty of every employer to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all his/her employees.” This means that employers have a responsibility to implement measures which will protect their works from injury. If your employer fails to do this and you are injured as a result, e.g. if training is not provided for tasks that involve manual handling or if loose, worn flooring is not replaced, you can submit a claim for compensation based on their negligence.

There is a time limit as to when you can submit a claim for compensation. You must begin legal proceedings within three years of the injury or three years of the “date of knowledge,” that is when you become aware of the injury (e.g. when a sprained ankle is identified as “complaint worthy” rather than the date of the actual injury). The three year limit does not apply to anyone aged under 18 at the time of the accident but legal proceedings must begin before they are 21 years old. The time limit is also suspended indefinitely for those who suffer from a mental disability.

The amount of compensation paid depends on the extent of the injury and the level of negligence. The decision will take into account financial losses, such as lost earnings and the costs of home adaptations if necessary. It is important to get detailed medical evidence as soon as possible and to use an experienced, knowledgeable and professional solicitor firm to help you with your claim, such as Macks Solicitors. Using a solicitor who is more concerned with making money than ensuring the best settlement for their clients can seriously impact your claim. Macks Solicitors has helped thousands of people who have been injured in accidents that weren’t their fault and always strive to ensure maximum compensation for their clients.

© Copyright 2024 Macks Solicitors | SRA no. 379740