When you have to work for a living – which most people in the UK do – your employer has responsibilities. Your employer not only has to pay you for the work you do, but he or she must also be responsible for your health and safety while at work. Employers must make sure that the environment you work in is as safe as possible for you to do your job. If they fail to take these steps, and you are injured or you fall ill, you have the right to consider compensation. Here’s a short guide to the ins and outs of workplace injury compensation, and what you need to think about when you are making a claim.
Why is a Workplace Accident or Injury a Legal Issue?
The employer has a legal duty to protect his or her employees while they are at work. This duty is governed by the Workplace (Health, Safety and Welfare) Regulations 1992, which is why you can make a legal claim if these duties have not been met. It is different from an accident in your home where you are responsible. At work, the legal responsibility lies with the employer or company.
When Can I Make a Legal Claim?
There are different actions and considerations concerning workplace injury but the basic foundations for a claim remain the same. You need to demonstrate (prove) that you have been injured or you were ill. You also need to prove that the employer did not meet their legal duty of care towards you. All compensation claims have some time limit within which you can claim compensation. The limit is three years in most cases. However, there are different considerations depending on whether the claim is for an industrial illness (which may take years to manifest itself) or an injury claim.
What Evidence Do I Need to Make a Claim?
According to some source a variety of pieces of evidence or data can support your claim for compensation from a workplace accident or illness. These include the entry of the incident in your company accident book, witness accounts of your accident, any CCTV footage that shows the accident happening or events leading up to the accident, records of medical appointments and treatment, and photos of the accident and your injuries.
Will My Claim Cause My Employer Problems?
Many people who have worked for the same company for years or have good feelings towards their boss feel reluctant to make a claim because they don’t want to ruin the company financially, or to cause personal problems for the employer. But this view is not particularly helpful because if you have been injured and it was the fault of the company, you are entitled to your claim. Plus, any payment of compensation will come out of insurance in most cases and will not be paid directly by your boss or your workmates.
Will I Lose My Job?
In legal terms, an employer cannot sack, harass or intimidate a worker who has made a claim for compensation for a work related injury or illness. This right is written under the Employment Rights Act 1996 and fear of losing your job should not stop you from making a claim if you have a valid case
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