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Accident at Work Claims UK
Legal Claim UK is a national network of personal injury solicitors. Our lawyers are all members the Law Society panel of personal injury experts¹ and will deal with accident at work claims using the no win no fee scheme. Compensation is paid in full² and win or lose there is no charge. You will receive a complete professional service from lawyers who specialise in claiming compensation for personal injury caused as a result of an accident.
The employee is surprisingly well protected by the law with numerous statutes in force not only from the UK Parliament but also from the EU which dictate and direct the standards which employers should attain to look after the health and safety of their operatives. Unfortunately not all employers conscientiously adhere to the standards expected of them. On some occasions this is as a result of negligence and at other times it is a deliberate or reckless disregard for the law with consideration only for profit.
Personal injury can be as a result of prolonged and repetitious acts, traumatic physical incidents or from being exposed to a hazardous environment including exposure to noxious substances. In almost every case it will be possible for an employee to claim compensation as there are very few occasions when an employer can escape liability if an employee is injured whilst at work or is injured in the course of his employment. All employers are required to insure against injuries to employees and to have and display an Employer's Liability Insurance Certificate.
We deal with accident at work claims ranging from fractures and back strain through to repetitive strain injury, work related upper limb disorder, carpel tunnel syndrome, industrial deafness, tinnitus and Duprytren's contracture. We also have specialists who are able to deal with catastrophic injuries including spinal cord injury, brain damage and fatal accidents. Hazards causing injury not only occur in industrial situations and many office workers are injured every year as a result of their employers’ inadequacy. Employers are required by law to create a risk free work environment with the following essentials:
1. Employing capable and safety conscious employees
2. Providing appropriate equipment and training to use it
3. Providing a safe place to work – fire escape routes, adequate ventilation, decent lighting, clean workplace, sufficient floor area to work and adequate sanitary conveniences
In most cases it is necessary to show that an employer has been negligent by proving that the employer has failed to take reasonable care for the safety of his employees. There are however numerous protective statutes which dispense with the necessity to prove negligence and in certain circumstances an employer will be absolutely liable to pay compensation without the necessity to prove negligence. If the employee can show that his claim is one where there is ‘strict liability’ then the employer will have to settle the claim without the opportunity of putting forward any potential defence. An experienced lawyer will take initial details and if there is any question about establishing liability he will consider not only the law of negligence but also a number of relevant statutes to see if ‘strict liability’ applies to the particular circumstances of the accident.
The most frequently used regulations to establish liability in workplace accident claims include:
1. Personal Protective Equipment at Work Regulations 1992 states that every employee shall be provided appropriate personal protection equipment and training on how to use it to reduce the incidence of accident at work claims.
2. Management of Health and Safety at Work Regulations 1992: stipulates that every employer has to perform risk assessments for all potentially hazardous procedures and thereafter take reasonable steps to reduce any risk to an acceptable level.
3. Provision and Use of Work Equipment Regulations 1998 requires that equipment and machinery is kept in good working order and that adequate training is provided to employees to use them.
4. Workplace (Health, Safety and Welfare) Regulations 1992: provides statutory standards for workplace facilities including ventilation and lighting, disposal of waste and the condition of floors, walkways and stairs. The employer is required to ensure that these facilities are maintained according to industry standards.
There are circumstances whereby an employee perceives that he is in danger in advance of any accident which may cause personal injury. If an employer upon being advised of the danger does nothing to ensure compliance with the regulations to reduce risk as far as is reasonably possible then the employee can resign his post and may be able to claim compensation in the Employment Tribunal for ‘constructive dismissal’. Prior to resigning the position an employee should take detailed advice from specialist employment law solicitors.
About the Author: Ankit is a well know author who writes articles for www.legal-claim.co.uk