Ideally, employers should be the ones noticing their staff about any hazard that may put their health or, worse, life in danger.
This is a moral obligation, and, in some cases, it is required by the law to protect workers from any potential accidents and ensure the workplace remains a safe zone.
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| Workplace Accident Compensation – 4 Employee Questions: eAskme |
But, unfortunately, there are many cases in which workplace safety comes second, and this needs to change.
More than 1.6 million employees reported suffering a workplace injury in the UK alone or dealing with a health condition caused by their job in 2019-2020.
This equals 38.8 million working days lost due to workplace-related incidents.
The reasons for these incidents vary from lack of training, using faulty machinery, or simply tripping over a cord that someone left in the way.
If an employee has been the victim of a workplace accident that happened due to employer negligence, they are entitled to receive compensation.
However, for this to happen, the employee needs to file a personal injury claim against their employer and prove the accident could have been prevented with better care.
Although workplace injuries are common, the subject is not very talked about in workplace environments, leaving employees with dozens of unanswered questions. Ideally, the staff should know what their rights are and how they need to act in case of an accident, so we have decided to help.
Below, we will be answering some of the most commonly asked questions about filing a workplace injury compensation claim to help employees understand what they should or should not do if they have fallen victim to a workplace accident.
What qualifies as a workplace accident?
If an employee gets injured in the workplace due to employee negligence, they have been the victim of a workplace accident.
The employer becomes responsible for the accident if proof that their actions or inactions have been a direct contributor to the situation.
This covers many situations, such as:
- Providing superficial training or no training at all
- Allowing employees to use faulty equipment
- Fending off repairs around the workplace, despite them being a health and safety concern
- Not complying with Health and Safety regulations in the country
These situations are not uncommon in many UK workplaces, especially in the manufacturing, transportation, warehouse, and automotive industries, where employees need to operate heavy machinery or navigate crowded facilities.
Besides one-time events such as slip and fall accidents, workplace assault, faulty equipment, or injuries caused by a falling object, health hazards repeated exposure to specific work activities could also qualify as workplace-related injuries.
In most cases, these happen when the employer fails to provide proper equipment for employees to do their job safely and can result in: loss of hearing, respiratory problems, back pain, and burns.
Does the claim cover all expenses related to the accident?
Victims of workplace accidents often have to suffer long-lasting effects.
Apart from the injuries and physical anguish they need to face, victims may also have to deal with substantial financial losses due to their incapacity to work or the need for prolonged rehabilitation.
This is why medical expenses aren't the only financial aspect covered by compensation claims.
If you have been the victim of a workplace injury and you want to file for compensation, the following expenses can be covered by your claim:
- General damage: this covers physical injuries, mental distress, or decline in life quality
- Special damage: this includes other financial losses due to the accident, including home adaptation, future prescriptions, physical therapy, or rehabilitation
- Loss of income: this includes unpaid sick leave during the recovery process, as well as any form of financial aid that covers loss of income
- Travel costs: this covers plane tickets, fuel costs, as well as any other type of travel expenses related to the accident or recovery
- Caretaker costs: this covers caretaker expenses in case the victim needs to receive special help
How is the value of a personal injury claim decided?
Suppose you are expecting to get rich overnight by tripping over a loose cord at work.
In that case, you may be in the wrongs here, as the value of a personal injury claim is determined by a variety of factors, including the type of accident, injuries sustained, duration of the recovery process, and total financial losses.
As personal injury experts at UKLaw point out, providing as many details and documents that support your claim will make it easier for your lawyer to determine how much compensation you should expect to receive.
While each accident is different, here's an estimate of what employees suffering a workplace injury can expect to receive when filing a compensation claim:
- Head injuries with no brain damage – approximately £36,000
- Ear injuries that result in loss of hearing – approximately £93,000
- Back injuries that don't result in permanent damage – approximately £33,000
- Arm fracture and injuries – approximately £15,000
- Knee injury that results in minor disability – approximately £22,000
I was in an accident two years ago. Can I still claim?
Personal injury cases can be very time-sensitive, which is why the victim is encouraged to file a claim as soon as possible.
If this does not happen, evidence can get lost, witnesses can change their statements, or victims can end up receiving little to no compensation.
In the United Kingdom, victims that qualify for a personal injury claim need to file for compensation within a three-year timeframe since the moment of the accident.
This is known as the statute of limitations, and if the claim is filed after this period ends, compensation may be denied.
There are, however, instances in which the statute of limitations can be extended.
Most of the time, it has to do with the victim's mental state and capacity to comprehend the actions needed.
If the victim proves they were not in full mental capacity to file a personal injury claim, the statute of limitations can be extended to accommodate the special situation.
If you still have any question, feel free to ask me via comments.
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