Workplace Injuries – What are your rights as an employee?

Ensuring your well-being at work should always be a top priority for employers and they must comply with Health and Safety regulations. Despite this, workplace injuries are common and can occur in any job. Statistics released in late 2022 indicate that 565,000 non-fatal injuries occurred across 2021/22. Typically, these injuries relate to the work equipment used or how processes are carried out whilst on site, such as heavy lifting, manual handling, working from heights, and even workplace stress.

Workplace injuries can leave you feeling overwhelmed and unsure of the steps to take, but it is vital you understand your rights as an injured employee. In this article, we’ll explore your rights as an employee and how Thorneycroft Solicitors can help.

What do I need to do first?

If you’ve sustained an accident at work, your first priority should be to seek medical attention. If possible, take pictures of the scene where the accident occurred to ensure that you have sufficient evidence that the accident wasn’t your fault, and get the details of any witnesses who can support your claim. Carrying out these steps can be instrumental in a workplace injury claim and we recommend making notes about what happened as soon as possible and reporting the injury to your employer. You have the right to carry out these steps as an employee, to attend any future medical appointments and take time off to recover if needed.

Filing a workplace injury claim

As an employee, if you’ve been injured in an accident at work that wasn’t your fault, you do have the right to file a claim and speak to a solicitor. The accident may be the result of work-related stress, negligence, or maybe it was caused by another employee or dangerous machinery, but it’s important to remember that due to these different circumstances, no two workplace injury claims are the same. However, there are several things to keep in mind:

• Unfair dismissal – It is illegal for an employer to dismiss you after the occurrence of an accident at work that wasn’t your fault. If unfair dismissal were to be carried out by your employer, you would have the right to file a separate claim for this. This is also the case when it comes to disciplinary action and any case whereby you have been treated unfairly because of the claim.
• Sick pay – If you require time off due to an accident, you have the right to Statutory Sick Pay (SSP) providing you meet certain criteria. With regards to any additional sick pay, the programs an employer provides will vary between companies. An employer can offer any scheme that does not fall below the legal minimum of SSP, but your contract should outline the plans in place (if there are any) and what you are entitled to.

Employer’s liability insurance covers the cost of injuries that a worker may sustain and is a standard part of business insurance as UK law requires organisations to have the minimum insurance available to cover any injuries. This means that should you make a compensation claim for an accident that occurred at work, your employer can use the insurance to cover the cost.

What type of compensation is available?

Here at Thorneycroft Solicitors, our team of expert workplace injury solicitors is here to help. We will review the circumstance of your work-place injury with you to assess the situation and advise all of the options available. If you are eligible to file for compensation, there are two types that you may be able to claim, including:

• General Compensation – This type of compensation is awarded for the damage caused by the injury, including pain and suffering, and any reduced quality of life. It can also be awarded for loss of amenity, based on your inability to do something after an accident that you could carry out before.
• Special Damages – This relates to any additional expenses and costs incurred due to the personal injury, such as any travel expenses, costs of additional help and support whilst recovering, and ongoing medical treatment costs. It also takes into account your loss of earning capacity if you are unable to return to your former place of employment.

I’m self-employed, can I still claim for a work-related injury?

Yes, if you are self-employed, there are situations where you can claim for a work-related injury. These instances might be where a business has hired you to work on their property or at one of their locations , or if the injury occurred due to the action or inaction of someone else. The working environment must be made safe for you, and you must receive sufficient training. If neither of these are provided, you may be entitled to file a claim for a work-related injury and receive compensation.

Thorneycroft Solicitors is here to help

At Thorneycroft Solicitors, our team of experts is here to help you get the compensation you deserve. We have over 30 years of experience and understand that every situation is unique, providing a personalised approach to you and your claim. As members of the Association of Personal Injury Lawyers, we have an excellent track record and offer a free initial consultation. Get in touch with our team of experts today at 0800 1799345 or fill out our simple enquiry form, and we’ll be in touch.