Aug
15
2014

The Essential Guide to Claiming Against Your Employer

Claiming against your employer for an injury at work is a daunting prospect. You know they are liable but you’re not prepared to risk losing your job over a minor (or major) accident. You’ve found yourself struggling mentally, physically and now financially. Why are you the one suffering due to another party’s negligence?

The fact is, you’ve sustained an injury because of your employer’s negligence. The phrase “it wasn’t your fault” cannot be any truer in this case.

In approaching a claim against your employer, these common questions usually spring to mind:

  • If I make a claim against my employer, will I lose my job?
  • Will future potential employers be able to tell I’ve made a claim?
  • How do I talk to future employers about my accident and claim?
  • What is the process of making a claim?
  • Who will contact my employer and will I be informed?
  • What do I do if my employer starts treating me unfairly because of my claim?
  • How long will a claim take?
  • How likely am I to win?
  • What are the consequences if I lose?

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If you’re asking yourself questions like the ones shown above, this article had been written to help clarify your options and put your mind at ease. The team at whatsmyclaimworth.com have over 40 years experience in dealing with work related personal injuries and claiming against an employer is no exception.

Now sit back with a cup of tea (and a biscuit if you must) and find out how we can help you get back on your feet.

If I sue my employer, how can I avoid losing my job?

This is always the very first question that comes to mind. Let’s put your mind at ease straight away; You cannot be sacked for making a claim. As an employer, they have a duty of care towards employees under the Management of Health and Safety at Work Regulations 1999. This means your employer should:

  • Take all reasonable steps to ensure that you are safe and free from harm whilst at work
  • Provide you with training on how to carry out your work without risk of injury
  • Carry out risk assessments to ensure that the working procedures and equipment that are in place are safe and carry minimal risk of injury

What if I do become injured and then fired?

If your employer has fired you after suffering an accident at work or after being absent because of an accident at work, it is seen as an ‘unfair dismissal. They are not within their rights to fire you because of an injury that occurred in the work place.

Here at whatsmyclaimworth.com we have experienced numerous unfair dismissal claims over the years so you’ll be in safe hands if the time comes. There are two methods of resolving an unfair dismissal claim:

  • Mediation: A face-to-face discussion with only you, your employer and both lawyers presents. This is usually a very successful method and a great opportunity for you and your employer to discuss the matter in a civilised way.
  • Employment Tribunal: Unfortunately, some employers don’t want to comply and so your case will have to be taken to court.

Whichever method is chosen, our expert lawyers at whatsmyclaimworth.com are ready to fight your case.

Mediation-cartoon

What should I do if I have an accident at work?

Every workplace should have an ‘Accident Book’ as part of their management of health and safety. As soon as you sustain an injury or have an accident you must report it to your employer. This book is of great benefit to all employees as it will become a solid record of your accident which will:

  • Help you to claim your compensation
  • Support any time off needed as a result of the injury

Don’t leave claiming for your injury until a year after, act quickly! Whatsmyclaimworth.com have experienced lawyers that will help you claim back what is rightfully yours, whether it’s loss of earnings as a result of the injury, travel costs or compensation for the negligence of your employer.

Who will pay the compensation?

Every employer by law should have an insurance policy in place in the event of injuries or accidents at work. You’ll recognise this as the Employers’ Liability (Compulsory Insurance) Act 1969. This insurance will make sure that any compensation paid to you doesn’t come out of company profits. So if you’re worried that your employer might treat you badly because you’ve sued them for the cost of their home…there’s simply no need.

Case Study

forklift

An electric pump truck, driven by a colleague, collided with Mr. J’s own truck causing it to be shunted into Mr. J and painfully crushing his foot between the racking and his pump truck.

Mr. J was wearing safety footwear at the time of the accident but because of the angle of the impact the side of his foot wasn’t protected. He suffered severe soft tissue injuries to his foot. We successfully argued that the employer had failed to make sure Mr. J was completely safe during work.

Mr. J was awarded £6,000 in compensation for his injury, loss of earnings and other expenses.

I have a claim! How can I get in touch?

Is your arm or leg starting to itch under that bandage? Have you had an accident at work that ‘wasn’t your fault’? Pick up the phone and call whatsmyclaimworth.com on 0800 025 0000.

Or if you’d rather see how much you could claim, why not try out the Claimometer first? You’ll get a quote instantly and we’ll call you back to kick start your claim.

Please don’t suffer in silence; your quality of life will improve when action is taken.

 

Did you know?

1 in 4 adults have recently suffered a personal injury at work. Only 20% of these adults made a claim, leaving millions of pounds unclaimed each year!

 

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