accident compensation claim

If you are injured after an accident at work, whether that is falling from a roof, dangerous equipment, or another colleague causing you injury, what action should you take, if any, and can you claim compensation for your injuries? This article examines your employer's obligations to protect you whilst at work and explores the action available for you to take following such an accident.

How and Why Can You Claim Compensation After an Accident at Work?

Accident At Work Claims

An employer has always been obliged to maintain a safe workplace for their employees and to take all reasonable attempts to avoid injury to them whilst they are working.

Accident At Work Legislation

Over the years these obligations have increased drastically, not only through the Government passing new Health and Safety legislation but through more and more accident at work claims being decided by the courts. This has led to far greater protection for employees. Despite this protection, there are still many accidents at work leading to compensation claims.

Two pieces of legislation that protects workers The Reporting of injuries, diseases and dangerous Occurrences Regulations 1995 (RIDDOR) and the provision and use of work equipment Regulations 1998 PUWER many other statutes in between. The RIDDOR require you to notify the Health and Safety Executive when there has been a serious accident (protection for future employees rather than the one injured) whereas the PUWER is designed to avoid injury to employees by ensuring that they are provided with equipment for their duties which does not cause them harm.

The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 (RIDDOR)

RIDDOR provides that employers, self-employed people, and people in control of premises, have a duty to report accidents that lead to:

• major injuries
• work related deaths
• over-three-day old injuries
• work related diseases
• and dangerous occurrences (otherwise known as "near miss accidents")

These incidents must be reported to the Health and Safety Executive. If your employer fails to report an incident of this type, then employees should do so.

The Provision and Use of Work Equipment Regulations

These regulations were implemented to ensure that employers must provide their staff with equipment which does not cause them any harm. The equipment provided should be suitable for the intended use, safe for use, maintained in a safe condition and, in certain circumstances, inspected to ensure this remains the case. In addition, the equipment should only be used by people who have received adequate information, instruction and training; and accompanied by suitable safety measures such as protective devices, markings, warnings.

Whatever equipment you are provided with in the course of your employment, it is likely to fall under these regulations.

Summary

Whatever the nature of your accident at work, on most occasions your employer will have a duty to protect you. If he has failed to carry out this duty, you may well be able to make a claim for compensation as a result of your accident at work.

Read more about being Injured At Work?

Find out more about Work Accidents generally and read our Free Work Accident Claims Guide.

Nick Jervis is a solicitor (non-practising) and a consultant to Work Accident Solicitors who specialise in Work Accident Claims.

accident compensation claim