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I Had an Accident at Work, What are My Rights?

Having an accident at work can be really tough – aside from your injuries you might be concerned about the amount of time off you need, sick pay and how your employer will handle the situation.

If you have suffered a workplace accident and you are not sure which way to turn, our Personal Injury Team at Barker Booth & Eastwood are here to lend a hand. We have been standing up for workers for many years, helping them to navigate claims of all shapes and sizes for injuries sustained at work.

In this blog, Director and Head of Personal Injury, Darren Lowe, walks you through your rights after a workplace accident by answering some frequently asked questions.

What should I do if I have an accident at work?

First things first, report the accident to your employer as soon as possible using the official procedures, like logging it in the accident book or reporting it to the person responsible for health and safety.

If hurt or you are in pain, then make sure to get medical attention as soon as you can.

After you have seen to any serious injuries, if you immediately suspect that your accident took place due to negligence in the workplace, then taking photos of the accident scene can be helpful. If there are loose wires, damaged flooring or faulty equipment, photographic evidence will help support any claim you decide to make later on. You could also ask any witnesses to your accident to write a statement explaining what they saw.

Can you be fired for having an accident at work?

If your employer can prove that the accident was entirely your fault, then they may decide to let you go because of malpractice or negligence.

But if the accident was not your fault, or was only partially your fault, then you should be protected and could take legal action for unfair dismissal if you were let go.

Am I entitled to sick pay after a work accident?

If you need time off work to recover from a work accident, check your contract for details about sick pay and entitlement. It should state if you are entitled to Statutory Sick Pay (SSP) or a higher rate of pay.

Your employer may use their discretion if your time off is due to an injury sustained at work. But it would be sensible to get anything they agree to in writing.

Can I claim compensation for a workplace accident?

If you have been hurt in an accident at work where your employer was responsible you can make a personal injury claim.

Your employer has a legal duty to keep you safe under the Health and Safety at Work Act 1974. If they have failed to do that, then you have the right to seek compensation.

Is it wrong to claim against my employer?

Many people will be wary of making a claim against the business they work for, and this is understandable – especially if you have concerns about your career future, work for a small business or have a good relationship with your employer.

However, your health, wellbeing and financial security should take priority. Your employer shouldn’t treat you unfairly for making a claim and legal protection is in place if this does happen.

Remember that your employer should have liability insurance that will cover the payout for an injury at work claim and they have a legal obligation to protect their workforce from harm.

How much is an injury claim worth?

Every claim is different, and the amount of compensation you will be rewarded will depend on a number of factors; including the severity of the injuries, the impact it will have on your day-to-day life and the financial loss you have suffered as a result of not being able to work.

How long do I have to make a claim?

You are able to claim within 3 years of the date that the accident took place – or the date of knowledge – if there was a delay between the accident and the injuries.

Although it is advised to start the claims process as soon as possible whilst details are fresh in your mind and to ensure that deadlines are not missed because claims can take a long time.

Making an Injury Claim

If you have suffered an injury at work, you are not alone. In fact, every year over 400,000 people experience injury at work.

At Barker Booth & Eastwood, our experienced team have been standing up for workers for over 50 years. We have a strong track record of winning work injury compensation claims and seeking the maximum levels of compensation.

We work on a no win, no fee basis. So, there is no financial risk in making a claim.

To discuss an injury that you are considering making a claim for, please get in touch with our friendly and understanding team of injury lawyers. Call us on 01253 362 500 or email today.

Injured worker on building site wearing a yellow hard-hat being helped by colleague

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