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Claim Compensation for a Work Accident Injury
[14.11.11] |
 Having an accident while at work is probably one of the more traumatic types of accident to have, however it is also one area of the law which has very tight legislation surrounding it. For this reason it can be possible to prove negligence and to receive any compensation you might be entitled to.
The main way you can get compensation for a work related injury is to work out who was at fault and if any procedures have failed to be followed. For this reason it is important for businesses to keep very good health and safety records.
While it is important for your employer to follow procedures to the letter, the injured person must also follow certain steps to ensure their claim for compensation is as straightforward as possible. If you are injured while at work it is important to do the following:
- Report the injury to your line manager immediately
- Put detailed notes in the accident book about what happened. If you employer does not have an accident book, you need to write down the details and ask witnesses to confirm the details with you. A copy of this report should be sent to your employer.
- If the accident was due to a serious breach of health and safety, or you feel it could have been, you should report the incident to the Health and Safety Executive (HSE). It is their job to determine if any changes need to be made at your workplace.
There are several ways you can report and incident to the HSE: by telephone, email or post. The information you give will be recorded and then a copy will be sent to you and to your employer. Relevant forms can be downloaded from the HSE site and then filled in before being sent.
The HSE will not report your incident to your insurance company. If you are considering a compensation claim, it may be necessary for you to contact them yourself. This is particularly important if you need to claim some sort of health insurance.
Once you have reported the accident you may also decide to make an official complaint to a relevant official body. While you may feel that this has taken the matter far enough, you should realise that making a complaint will result in little more than an apology and perhaps a change of procedure.
If you want to take things further you should consider taking legal action and claiming for compensation from your workplace. Many employers feel that this puts them in a difficult position, but it is important to bear in mind that it is your employers duty to keep you safe and facing their issues may improve the workplace for yourself and your colleagues.
- There are time limits when it comes to taking legal action. A claim for personal injury should be started within three years of the injury occurring. This may be extended if the injury doesn't show up for several years.
- It is possible to help for paying for your legal action from a claims company who will take their fee either from the amount awarded or as a separate amount. Your trade union may also help with costs or your insurance policy might cover you.
- You can choose your lawyer from the Association of Personal Injury Lawyers (APIL) or you can go through a claims company who can take care of all the details for you.
Knowing exactly what to do after an accident at your workplace can take the pressure off what is already a difficult time. It means you can focus on getting well and getting back to work.
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