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If you have had an accident during the course of your employment which has resulted in injury then you may be in a position to claim compensation.  It is likely that the claim will be against your employer however it might also be against some other body such as a sub-contractor, or the owners of any property/structure where you may have been working, depending on the circumstances.

A Court will award compensation if it is of the opinion that your employer was negligent and/or in breach of statutory duty, in other words they failed to have due care for your safety.  There are numerous statutory regulations governing health and safety in the workplace which employers are obliged to follow.  For example, there are regulations which require that every employer make suitable and sufficient assessment of the risks to the health and safety of employees while they are at work.  There are also regulations covering lifting operations and lifting equipment, the provision and use of work equipment and Display Screen Equipment, to name a few.

A claim against your employer may not necessarily arise out of a specific accident but may be related to certain working conditions over a period of time, leading to for example:-

Repetitive Strain Injury
Stress
Industrial Deafness
Asbestosis
Mesothelioma
Dermatitis
Psoriasis
Eczema
  
Wilson Nesbitt Solicitors have a specialised Industrial Injury/Disease team who are highly experienced in this type of work.

In order to assess your position it is advisable to seek advice as soon as possible from a solicitor with expertise and experience in employers liability cases, who will be able to advise you specifically after taking your detailed instructions.  At Wilson Nesbitt we may decide to engage our Consulting Engineer to fully investigate the accident on your behalf.

If you think you might be entitled to compensation in such circumstances for a free and impartial opinion please contact one of our experienced team members profiled on the right of this web page or email litigation@wilson-nesbitt.com.

1.    If I sue my employer as a result of an accident at work will I lose my job?
It is highly unlikely but not impossible that you will lose your job as a result of issuing a claim against your employer.  Your employer will normally be insured in respect of these types of claims.  If you employer were to terminate your employment as a result of your claim then you may be able to pursue an unfair dismissal claim.  It is worth noting however that if you have been employed for less than twelve months by the Defendant employer you have few legal rights.

2.    What if there were no witnesses to my accident?
Eyewitnesses provide extremely helpful corroborative evidence which can help prove to the court that the accident happened in the way that you are alleging.  The fact that no one actually witnessed the accident however is not fatal to a case.  Work colleagues who can give evidence relating to the relevant working conditions, complaints made and similar previous accidents can prove strong corroborative evidence and this type of evidence is often just as important in convincing a court that your employer has failed to have due care for your safety.

3.    What if I didn't take any time off work?
Your injury may not have prevented you from taking time off work.  For example, you may simply have suffered cuts and bruises or the specific nature and the locality of your injury may not necessarily interfere with your job.  This will simply mean that you will have no claim for loss of earnings, but you can still pursue a claim for any other loss that you have suffered including personal injury, loss of amenities and any future loss of earnings or disadvantage you may experience on the labour market as a result of your injury.

4.    What if my employer has repaired/changed the relevant area/equipment after my accident?
Normally a defendant is not obliged to consider permitting inspection of an accident locus/equipment until formal legal proceedings have been issued.  Legal Proceedings cannot be issued immediately because your case must be fully investigated and prepared and medical evidence obtained.  It is often useful therefore to take photographs of the offending equipment/area in question.  It is also extremely important to provide clear and detailed instructions in relation to the precise mechanics of the accident and area/equipment in question.  Try to obtain names and address of all eyewitnesses and also any witnesses who can corroborate the fact that there was a foreseeable hazard or that the equipment was faulty etc.  If we feel that precaution of your case would benefit from the opinion of a Consulting Engineer we will arrange for you to be interviewed accordingly.

5.    How long do I have to make a claim?
If you have suffered an injury as a result of a specific accident then you have three years from the date of your accident to issue formal legal proceedings (unless your accident occurred whilst aboard a boat or whilst abroad).

If you would like more information or you think you might be entitled to compensation for a free initial evaluation please contact one of our experienced team members profiled on the right of this web page, telephone 0800 316 0696 or email litigation@wilson-nesbitt.com.

 

Latest News
Updated Daily: Wednesday August 4th 2010