Neck Injury Month – Accidents at Work
Cause of Injury
If you have suffered a neck injury as a result of an accident at 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.
It’s also necessary for your employer 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
You must be provided with suitable equipment which is maintained in efficient working order and to provide you with adequate training to use the equipment. If your suffer personal injury because of defective equipment then you may be entitled to claim compensation.
Accidents at work due to an unsafe place of work
A safe place of work is extremely important. 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
It’s important for your employer to make sure that the way you are working is safe and that you are fully 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’re 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 then the 3 years 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 successfully settled a claim for a client who injured his neck when he slipped and fell in his work car park. Our client was an agency worker who was working at the warehouse of a delivery company. Employees including agency workers were allowed to park in the large company car park adjacent to the company premises. The company operated their premises 24 hours a day and employees worked shifts.
On the day of the accident it was extremely cold and icy. There had been heavy snow several days previously. This had not melted but remained on the ground. In the employers car park had become very hard and compacted and the ground service of the car park was treacherously icy. Our client had parked his car and walking towards his employer’s premises when he slipped on the ice and fell.
The employers had not made any effort to clear the ice in the car park or to grit the car park nor had they taken any other steps to protect their employees. This was despite the employers being aware that at every change of shift considerable numbers of employees would be walking to and from the car park across the dangerous icy surface.
What’s my claim worth accepted instructions to represent our client on a “no win no fee” basis. There were difficulties initially in pursuing our client’s claim as our client’s employer and their insurance company failed to respond. We were able to successfully issue a Court Application to force our client’s employer to respond and to disclose documentation relevant to his claim.
After successfully pursuing the Court Application we received an admission of liability from our client’s employer’s insurer. We were then able to obtain a medical report from an independent medical expert and to successfully negotiate settlement of our client’s claim.
Our client sustained soft tissue injuries to his neck and had some time off work. Fortunately his injuries were only minor and he recovered quickly. Our client was settled in the sum of £2,250.
Have you suffered a neck 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
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St.Asaph Chiropractic Clinic
The purely medical approach is rarely successful because it does not get to the cause of the problem. Back pain usually has multiple causes, for example posture, repetitive stress, muscle spasm, joint misalignment, stresses from other parts of the body, arthritic changes. All the factors involved must be recognized and treated to effect a cure.
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