If you’ve been injured as a result of an accident at work, then you may be able to claim compensation from your employer. In fact about 50% of all claims for damages for personal injuries arise out of accidents at work. Employers are obliged to carry employer’s liability insurance in respect of all employees and so the claim is in effect against the insurer. Janine Griffiths, personal injury specialist at leading law firm Harding Evans answers your questions on making a claim.
 

1. How do I know if I have a claim against my employer?
As well as their duty to ensure that you are not negligently exposed to any danger or hazard, and that you are safe in carrying out your work, there are a number of different health and safety regulations which your employer need to comply with. Failure to do so can give rise to a claim for damages for personal injuries.

These regulations can include the need for your employer to ensure that you are provided with adequate personal protective equipment; making sure that you have been trained in manual handling procedures; ensuring that plant and machinery you are using are adequately maintained and safe for use and that your working environment creates no risk of injury. Your employer also needs to ensure that other staff and colleagues have been adequately trained in health and safety procedures. A personal injury lawyer will be able to advise you on the regulations which apply to your claim, based upon the nature of the accident and the work undertaken.


2. Will it put my job at risk if I make a claim?
Your employer is obliged to have employer’s liability insurance in place which will deal with claims by employees for accidents at work. Even so, many people are concerned that they will be victimised or “get into trouble” with their employer if they bring a claim. This should not of course happen and the majority of employers accept that if they have failed in their responsibility to you, then you may have a claim for compensation. In the event of the worst case scenario arising, any dismissal, victimisation or unfair treatment may be dealt with under employment law legislation.


3. I can’t work because of my injury, does my employer have to pay me?
The answer to this depends upon the terms of your contract of employment. It does not necessarily follow that because you were injured at work your employer has to pay sick pay when they wouldn’t normally do so. If your employer does not have a scheme in place for paying you when you are off sick, then you will be able to receive statutory sick pay for up to 28 weeks. If you are still unfit for work 6 months after the accident, then you may be eligible for invalidity or disablement benefits. Loss of earnings can be claimed as part of the compensation settlement, and so you should ensure that payslips and benefits information are kept safe if you decide to see a solicitor.

4. How much will I get?
This will depend on the severity of injury and the financial loss incurred as a result of the accident. There are two elements of any claim for personal injuries - general damages (for pain, suffering and loss of amenity) and special damages (which are the financial losses).

The general damages will be evaluated by reference to a medical report prepared by an appropriate medical consultant. The special damages will be calculated separately, from the evidence of financial loss provided by you to your solicitor. This will include such things as loss of earnings, travelling expenses and the value of care provided by family and friends. The amount of damages recovered will vary from case to case but your solicitor should be able to give you an estimate of the likely amount recoverable when the medical report has been received from the consultant.


5. How long will it take?
Again, this will depend on a variety of different factors. The personal injury protocol of the Civil Procedure Rules sets out a strict timetable of pre-action matters, including the letter of claim, and the response from your employers’ insurers. Even if the timetable is strictly followed, it can still take months or even years from your first appointment with a solicitor to the conclusion of the claim. A solicitor will update you of the likely timescales involved as the matter progresses.

If you think you may have a claim arising out of an accident at work it is advised that you speak to a specialist who deals with personal injury. Most law firms offer a free first interview where you can obtain professional advice about whether you have a claim, and the procedures involved in doing so.

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