Suffered injury at work and worried about making a claim against your employer? ...A helpful article
It is totally understandable that people worry about bringing a claim for compensation against their employer. Because of this, a number of people may not make a claim through fear, and suffer in silence without claiming the compensation that they are entitled to. If you find yourself in this situation, we hope that the following guidelines will assist you.
1. Your employer is under a legal obligation to ensure you are safe at work.
If you suffer and injury at work that was not your fault, the law makes sure that you are protected. You are entitled to be compensated through monetary payment and rehabilitation treatment to put you back in the position you were in before the accident. You may also want to claim loss of earnings, if your injury means that you are absent from work for a period of time. This injury may have occurred through many methods such as faulty machinery, lack of training, incorrect protective equipment or clothing, or a colleague making a mistake.
2. Your claim could help you and your colleagues and ensure a safer working environment, if remedial action is take by your employer after the claim.
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If your employer was operating an unsafe practice that led to you suffering injury, your employer is likely to fix this problem after you bring a claim to ensure that it doesn't happen again. Your employer should make necessary changes in the workplace to ensure yours and your colleagues' safety.
3. The claim is dealt with by an insurance company, not your employer.
All employers are legally obliged to have liability insurance to cover claims such as injury compensation as a result of accidents at work. Therefore, your employer's insurance company will be responsible for dealing with the claim and the insurer will also pay out any compensation you are entitled to receive. Therefore, it will not come out of your employer's pocket.
4. Protection against dismissal.
Your employer is not allowed to attempt to dismiss you on the basis that you have made a claim against them. If you have been with your employer for more than one year (or two years if you started your job after 6 April 2012), you can look to bring a claim for unfair dismissal if your employer took this action.
Summary
You need to know that the law will protect you if you suffer an accident or injury at work.
You are entitled to make a claim to recover compensation from your employer if you suffer an accident in the work place that was not your fault.
Ultimately, most people attend work to support themselves and their family's financial wellbeing. Therefore, if you suffer an injury at work which may may have short or long term health complications for you, it is important that you consider making a claim for compensation.
Homer Berrisford Solicitors can help you to make a claim for compensation if you are unfortunate enough to suffer an accident at work.
2 Comments
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Wednesday, February 06 2013, 12:26PM
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Wednesday, February 06 2013, 11:55AM
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