Industrial Injury Claims Advice
If you have suffered due to an industrial accident or illness that was not your fault, you may be eligible to make an industrial injury claim against your employer. The experienced personal injury solicitors we work in partnership with have helped thousands of people from towns and cities across the UK claim compensation for a wide range of injuries and illnesses.
It is the duty of employers to provide a safe working environment for their employees and visitors to their business premises. Unfortunately, there are times when negligence on the part of an employer results in workplace accidents and injuries. If you have suffered an industrial injury because your employer had failed to take care of your health and safety, you may be able to seek compensation for your injuries under personal injury law.
Common types of industrial accidents and illnesses
In 2013/14 there were 78,000 industrial accidents recorded by the Health and Safety Executive (HSE) that resulted in major injuries or death. While this is a reduction on previous years, the vast numbers highlight the dangers posed by industrial accidents and the importance of proper health and safety procedures being adopted by employers.
Although all workplaces pose potential risks for employees, there are certain industries that are inherently more dangerous than others. This is particularly the case in industries that involve the use of heavy machinery, dangerous chemicals or require workers to engage in heavy lifting.
Some of the most common types of industrial illnesses that solicitors have helped clients claim compensation for include the following:
- Industrial deafness
- Occupational asthma
- Pleural thickening
- Vibration white finger
Employer’s duty of care
In any workplace, employers have a duty of care towards their employees. This duty is contained in legislation such as the Health and Safety at Work Act 1974, The Work at Height Regulations 2005 and the Manual Handling Regulations 1992. Under these and other health and safety legislation, an employer’s duty includes the following:
- Employing competent co-workers
- Providing you with adequate material to help you carry out your work safely
- Providing you with the necessary training needed to carry out your work safely
- Providing you with adequate supervision to minimise risks of injuries
- Providing you with personal protective equipment (PPE) when required
- Ensuring that all workplace equipment, machinery and tools comply with the relevant safety requirements
- Carrying out risks assessments on a regular basis to identify dangers and minimise the risk of workplace accidents and injuries
Where an employer fails to meet their duty of care towards an employee and it results in an accident or injuries being sustained, they may be held liable for compensation.
How much compensation will I receive?
The amount of compensation that you may be entitled to depends on a number of factors. Industrial injury compensation can be divided into two parts. Firstly, you may be compensated for the general damages that you have suffered. This includes your injuries, pain, suffering, loss of amenities, etc which is calculated with the use of The Judicial Studies Board Guidelines.
The second part includes financial losses that arose as a direct result of your injury. Financial losses are calculated based on the actual amount of money you have spent because of your injury. This includes paying medical bills, prescription costs, loss of earnings and traveling expenses.
Depending on the type of industrial injury that you have suffered and the severity of the injury, your work accident claims solicitor will be able to tell you an estimate of the amount of compensation that you may be entitled to.
What evidence will I need?
If you have a valid claim and if you are looking to maximise your industrial injury compensation, it is important for you to keep a record of all the expenses that you suffered as a direct result of the injury. Firstly, you will need evidence that you have suffered industrial injury due to the negligence of someone else. You must get your injuries examined in a hospital or by a GP so you can obtain an accurate record of all the injuries you have sustained and the severity of the injuries.
It is important for you to keep a note of all the pain and suffering you have been through as a result of the industrial injury. If you have taken time off work in order to recover from your injuries and if you have suffered loss of earnings, you must keep a record of this as well. Moreover, you must retain all medical bills and prescription costs to be able to maximise your industrial injury compensation.
Will I be victimised for making an industrial accident claim?
A large number of people worry about the consequences that they would have to face if they make an industrial accident claim against their employer. They may worry that they will suffer retribution from their employers or from co-workers if they choose to pursue a claim for compensation. However, it is important to know that this kind of discrimination is unlawful, and could result in your employer being liable for further action under employment laws.
All companies that employ people have a legal obligation to have a valid insurance policy to protect themselves and employees in the event of accidents. This is covered by the Employers’ Liability (Compulsory Insurance) Act 1969.
When making an injury claim against your employer, it is this insurance company that will deal with your claim. If your industrial accident case is successful, the compensation awarded is paid by this insurance company, rather than being paid directly by your employer.
I have been involved in an industrial accident. What should I do now?
If you have been injured in an industrial accident and somebody else was at fault, it is important that you obtain sound legal advice from a firm of solicitors as soon as possible. At Injuryclaims.co.uk, we are partnered with solicitors from around the UK that have vast knowledge and experience of claiming compensation for industrial injuries, accidents and diseases.
Once you make contact, a solicitor will provide you with a free consultation over the phone. During this conversation, the solicitor will ask a few questions about your industrial accident and the injury or illness you have suffered. By assessing you case, they will be able to confirm if you are able to pursue a claim, and they will also be able to answer any questions or concerns that you may have.
If you are able to claim and would like to continue, your solicitor will provide you with a no win no fee service. This means that you can pursue your legal right to accident compensation without putting yourself under the financial strain of having to pay large legal fees. If your case is not successful, you won’t pay a penny towards the work your solicitors has done.