Many individuals who suffer injuries resulting from an accident at work may feel overwhelmed when dealing with the consequences that arise following an injury, such as the inability to continue working and therefore losing out on valuable income or the impact on not only your physical health, but in some cases also suffering with psychological injuries if the accident was particularly traumatic. You would expect that your employers would take reasonable care to ensure you are safe during the course of your employment and therefore if you are unfortunate enough to sustain injury through no fault of your own you may not have considered what to do if an unexpected situation like this arises.
It is clear that there is still a long way to go for employers in terms of improving Health & Safety at work. According to self-reports from the Labour Force Survey 565,000 workers sustained a non-fatal injury during the course of their employment in 2021/22.
If you have suffered an injury following an accident at work and you are unsure of how to deal with matters and the consequences arising from your injury then here are five steps to consider which will assist in your recovery and if possible, get you back to a position you were in prior to the accident occurring:-
Following your accident your first priority will be to seek medical attention. If your manager/supervisor is not present at the time of your accident, ask a colleague nearby to notify a manager that you have been involved in an accident. Your manager should seek assistance from an appointed first aider or if your injury is severe then an ambulance should be called immediately.
Employers have a duty to report accidents in the workplace in an Accident Book. The report will include details of how your accident happened and the injuries you sustained and it is important the information recorded is accurate. The Accident Book provides employers with the insight needed to implement new and improved health and safety measures, to prevent future accidents from happening and may also be used as evidence that your accident occurred if you decide to make a personal injury claim following your accident.
In certain circumstances your employer will also be required to submit a report under RIDDOR (Reporting of Injuries, Diseases and Dangerous Occurrences Regulations). This is health and safety legislation that requires employers to report certain serious workplace accidents to the Health & Safety Executive who then may carry out investigations into the circumstances of your accident to prevent the same happening again.
We would always advise our clients to seek medical attention following an accident at work. It may be that you are suffering with pain but believe your injury is minor and therefore do not feel it is necessary to seek medical attention. However, it is important to note that your injury may not heal as quickly as you initially believed and in some instances your symptoms could actually worsen, it is therefore important you seek medical assistance as soon as practicably possible from the hospital or your GP to ensure you receive the appropriate advice and care which will aid you in your recovery.
Following the shock of an accident at work you may not consider gathering evidence in respect of your accident and the injuries you have sustained but this may come in useful later down the line if you decide to pursue a personal injury claim. Evidence which may assist in your claim may include:-
Photographs/Videos
Photographs or video evidence can be extremely helpful in supporting your account of how the accident happened. For example, if you have tripped and sustained injury it will assist your solicitor if you can provide photographic evidence of the hazard which caused you to trip and the surroundings. Photographs of injuries such as cuts or bruises showing the extent of your injuries can help quantify the value of your claim.
Witness Evidence
If one or more of your colleagues witnessed your accident then it would be helpful to obtain their contact details so that they may be contacted by your legal representative to obtain a statement. Witness evidence will support the fact your accident happened in the way you have described and that your version of events is true and accurate. The more witness evidence you have, the more chance you have of succeeding if you pursue a claim for personal injury.
If you proceed with a claim for personal injury, as well as being able to claim for the pain and suffering as a result of your injury which is known as 'general damages' you are also entitled to claim for out of pocket expenses, known as 'special damages'.
Examples of special damages you can claim include:
- Loss of Earnings
- Travel expenses incurred if you have travelled to/from medical appointments in relation to your injuries
- Medication and treatment costs
- Care and assistance with tasks such as housework, DIY and gardening.
If you incur any of the above expenses as a result of your injury it is important you obtain receipts and/or other evidence such as wage slips so that these expenses can be recovered at the conclusion of a claim for personal injury.
For many individuals who have suffered an accident at work the thought of making a claim against their employer may seem daunting. However, it is reassuring to know that employers have an obligation under the law to take out Employers’ Liability Insurance so that compensation is available to employees who have been injured through no fault of their own. In the majority of cases, once the employer is notified of the potential claim they will simply contact their insurers who will then deal with matters going forward and appoint their own representatives.
At Tilly Bailey & Irvine LLP we have successfully secured compensation for our clients in numerous claims arising from accidents at work from slips, trips and falls to accidents arising from unsafe systems of work and unsafe plant and equipment. We understand accidents at work and the consequences that follow can, in many cases, be life changing and we are therefore dedicated in providing the highest quality of service to our clients to ensure the process is as stress free and smooth sailing as possible.
Making a claim for personal injury will not only assist you financially if you are successful in your claim for compensation but can also ensure necessary changes are made in the workplace to prevent the same type of accident happening again to another individual.
If you require any advice please contact our specialist team on 01429 264101 or fill in an online enquiry form and someone will be in touch.
Call: 01429 264101