The law places a high responsibility on employers to ensure that they take care about the health and safety of their employees and to reduce the risk of an accident at work claim. There are statutory requirements imposed on employers both in a general sense that applies to all businesses and there is also detailed legislation that applies to almost each different type of industrial process where there may be a perceived risk to health. These regulations are contained not only in UK domestic law but are also imposed by the EC on a Europe wide basis and the legislation does in many cases allow local decisions to be made on an individual basis to ensure heath and safety. The duty imposed on employers is extremely high. It can cover instances where you are working at different premises to normal that are not owned or controlled by your employer.
We are able to represent you in an accident at work claim for compensation if your employer has failed to reach the safety standards demanded of him by law and as a result you have suffered personal injury. An employer should take reasonable care to ensure that your fellow workers are competent, that any machinery or equipment used is adequate and well maintained, that you are trained in the process and in the use of the equipment, that adequate safety protection is available to you and is actually used by you, that a safe system of work is employed and that a risk assessment has been carried out on any process which might involve any risk of injury in order to establish if alternative, less dangerous, procedures are available.
If you are injured at work, it is possible to make an accident at work claim for compensation if your employers have been negligent, if one of your fellow workers has been negligent or in certain cases, even in the absence of negligence, if your employer has breached a statutory duty imposed by legislation. Negligence is effectively a failure to use reasonable care. It is doing something that a reasonable person would not do, or failing to do something that a reasonable person would do under similar circumstances. It is a departure from reasonable conduct.
ACCIDENT AT WORK CLAIM – CASE LAW
Mr. C suffered a strain to his lower back at work whilst lifting a piece of heavy equipment. As a result of his injuries he was unable to work for 3 – 4 weeks. The medical evidence revealed that Mr. C had some pre-existing degenerative changes in his back, but that the accident triggered a disc prolapse. Mr. C suffered from pain to his back and leg and ultimately had to have an operation to his back. The Medical experts agreed that the accident caused Mr. C to suffer from his symptoms and the need for the operation one to two years earlier than he would have done. Mr. C’s accident at work claim was valued at £4,000 for his personal injury claim for pain, suffering and loss of amenity.
Mr. S was employed as a warehouse man. He sustained injuries at work when a wooden pallet was dropped on his foot. Mr. S’s employers had failed to provide Mr. S with any safety shoes. The medical expert diagnosed a soft tissue injury to the foot. Mr. S was unable to work for 2 weeks. He made a full recovery from his injuries within four months of the accident. He was awarded £1,000 for his claim for personal injury (for pain, suffering and loss of amenity).
Mr. P was involved in an accident when a colleague drove a fork lift truck into his leg. Mr P received £10,000 for the fracture to his leg and the loss of income that he sustained.
UMBRELLA CLAIMS
Umbrella Claims is a specialist organisation that deals exclusively with accident compensation claims on a No Win No Fee basis. Win or lose there is no charge*. This means that you never have to pay anything to us or our personal injury solicitors. All compensation received of whatever nature is paid to you in full without any deduction whatsoever - absolutely guaranteed. We will minimalise any inconvenience to you and we offer free advice without obligation from some of the best lawyers in the business. We ensure that our client’s interests are a priority and our lawyers deal with claims in a friendly, efficient and competent manner to ensure that you get the compensation that you deserve in the shortest time scale possible.