Head Injury Month – Accidents at Work
Cause of Injury
If you have suffered a head injury as a result of an accident at work or an industrial illness due to your work you may be entitled to make a claim for damages or compensation for personal injury and other losses. This can be done on a no win no free basis.
Your employer has a legal duty to provide their employees with a safe place of work. They are also responsible for providing safe and adequate equipment to work with and competent fellow employees to work with and they are responsible for providing you with adequate training and supervision.
In addition there are Health and Safety Laws and Regulations in place that your employer should comply with to help reduce the risk of an accident or injury in the work place.
If you are injured at work whilst carrying out your duties then always make sure that you report your accident. This should be done in the accident book which your employer should have.
Your employer is also required to have insurance in place to cover any claims for compensation or damages that are made by their employees who suffer an injury at work. It is the insurers who will pay the compensation on behalf of your employers as opposed to the employer direct.
Accidents at work caused by unsafe or unsuitable equipment
Your employer is under a duty to provide you with suitable equipment which is maintained in efficient working order and to provide you with adequate training to use the equipment. If you suffer a personal injury because of defective equipment then you may be entitled to claim compensation.
Accidents at work due to an unsafe place of work
Your employer is under a duty to provide you with a safe place of work. If you have an accident due to an unsafe place of work such as there being something on the floor that causes you to slip or trip and you sustain personal injury then you may be entitled to claim compensation.
Accidents due to the fault of your fellow employees
Your employer is under a duty to provide you with competent staff in the workplace and if you are injured due to the negligence or a fault of another employee you may have a claim for compensation against your employer who is vicariously liable for their employee’s actions. For example if a fellow employee drove into you whilst operating a fork lift, you would potentially have a claim for compensation for personal injury and other losses against your employer.
Accidents due to an unsafe system of work or inadequate training
Your employer is under a duty to ensure that the way that you are working is safe and that you are adequately trained to do the job. For example if you are injured whilst lifting something at work and you have not had any training on the safe way to lift then you may be entitled to compensation.
Accidents At Work- Things To Remember
If you are injured at work you should always report it to your employers and record the circumstances of the accident in the Accident Book.
If you do wish to claim compensation for an injury sustained at work you have 3 years from the date of the accident to make a claim. If you were aged under 18 years at the time of the accident then the 3 year period begins to run from your 18th birthday. If you only become aware of an injury due to an accident or work related disease sometime later than the 3 year period will begin to run from when you became aware of the injury.
Your employer has a legal requirement to have Employers Liability Insurance in place to cover the paying out of compensation to employees who are injured due to accidents at work caused by the fault wholly or partially of their employers.
If you do wish to make a claim for compensation arising from an injury arising from an accident at work, your employer cannot legally dismiss you for making a claim. If you employer did dismiss you for this reason it could be classed as Unfair dismissal and you may be entitled to claim for compensation through the Employment Tribunal.
What’s my claim worth have recently settled a claim where a shop worker fell from a stool and injured his head and neck. Our client was employed by a major retail chain as a shop assistant.
At regular intervals our client and his colleagues had to change large posters hung in the window of the shop which advertised the latest promotions. The top of the posters was over seven feet high and it was not possible for our client to put the posters up without standing on something.
Employers have to provide suitable equipment, such as step ladders or a suitable footstool, to allow their employees to carry out this sort of task safely. In this case, as no proper equipment had been provided, our client and his colleagues had adopted a practice of using a stool from the staff room which was intended for the staff to sit on when eating their lunch.
This stool was inadequate in that it was not very safe and it wobbled. The store management were aware that the staff used the staff room stool to put up posters and they had ignored requests for a proper footstool or step ladder to be provided.
When our client’s accident happened, he was reaching to put up a poster when the stool wobbled, he overbalanced and fell hitting his head on the ground.
Our client suffered soft tissue neck injuries and headaches for a short period. Liability was ultimately admitted for our client’s accident although the Defendant did allege that our client should be considered partly liable.
The employer’s argument that our client should be held partly liable for the accident were very weak and we were able to successfully persuade their insurers that our client was not at all at fault for his accident.
We were able to negotiate a settlement in the sum of £2,300
Have you suffered a head injury through an accident at work?
For an expert legal assessment of your case, please contact us on Freephone 0800 025 0000. A Solicitor is waiting for you call.
There is Hope…
Extract from website
About Brain Injury Group (B.I.G)
B.I.G. was started by Anne, Judy, Lois, Lynne and Sue. We came up with the idea when we got to know each other on the Devonshire Ward, Royal Hospital for Neuro-Disability in Putney. Although there are a number of support networks for brain injured families we wanted to use our personal experiences to establish a network of families to help each other. If this is how you feel, then B.I.G. is for you.
When you find yourself in this situation, after an exhausting stint in the intensive care unit who didn’t go home to research craniectomies, Glasgow coma scale or medications etc? Who didn’t try to find other people who could answer questions, or offer a shoulder to cry on?
That’s what B.I.G. is for. We’ve put our stories here and you’ll probably have had similar experiences. There are some really useful links for help and information and you can download a relative’s guide to impaired consciousness by Dr Martin Coleman. At the heart of B.I.G. is the forum where you can meet other people in this situation, people who know exactly what you’re going through because they’ve been there too. Use the B.I.G. forum to share your story, to ask your questions or give support to others. Most of all use B.I.G. to be amongst others who understand.
When someone you love has this level of severe brain injury life changes for everybody in your family for ever. Don’t face it alone. Take heart and let’s move forward together.
Anne, Judy, Lois, Lynne and Sue.