As the winter months roll on, workplace injuries are more likely to occur.
Whether it is from poor lighting that makes traversing paths in the dark difficult or icy conditions making pavements slippery, there are increased risks in the workplace during this season.
If you suffer an injury at work, it is vital that you know what legal rights you have.
What happens if I injure myself at work?
In the event of any workplace accident or injury, the most important thing to do is seek immediate medical attention.
Any interaction with a healthcare professional should be documented, if not by yourself, then by a trusted associate, so that you can refer back to it later.
It is also a good idea to report the incident to your employer as soon as possible and you may want to do this even if you know someone else has already reported it on your behalf.
Where possible, document as much as you can about the accident, including photographs of the scene and your injuries, as well as any witness statements you can collect.
If your injuries require you to be absent from work, then ensure you keep a diary of how the injuries are affecting your day-to-day life, including the ongoing management of symptoms and recovery protocols.
What rights do I have after a workplace injury?
Employees have strong protection under the Health and Safety at Work Act 1974, which requires employers to provide a safe workplace.
Where your employer has failed to adequately protect you and their failure has resulted in your injury, you may be entitled to claim compensation.
There are times when compensation can be claimed even if you were partially at fault if your employer is still ultimately legally responsible for the accident occurring.
The evidence you collect will likely be the deciding factor in determining whether someone else is legally responsible for injury and who is ultimately liable.
Being off work due to injury can be challenging, especially as employers are only required to pay you Statutory Sick Pay (SSP) rather than your full wage.
It is worth remembering that you cannot be fired as a result of being absent due to illness or injury, as this violates the Equality Act 2010.
How do I make a personal injury claim?
If you have been injured in the workplace, then it may be time to make a personal injury claim.
Getting professional legal support early is vital, as they can help you review who is legally responsible for the accident.
Your solicitor can then notify the defendant, often an employer or their insurance provider, to set out why they are believed to be at fault.
The employer may admit liability and seek to settle the matter out of court or deny liability and launch a court challenge.
Either way, we can support you to ensure that your legal rights are protected and that you are given fair treatment.
At Palmers, we work to support the Essex community by ensuring that people know their rights and have access to clear, effective legal advice.
Suffering workplace injuries can feel disheartening, especially if the employer denies liability, but we can help protect you.
If you need support after a workplace accident, contact our team today.
