Common Questions
Are workplace injuries my employer’s responsibility?
It is a well-established principle of common law that an employer owes his or her staff an absolute duty of care and this is still true even if you may feel that the accident was not really your employer’s fault. Should you be injured, for example, by faulty equipment supplied to your employer by a third party, then it still remains the employer’s liability. They will have a separate avenue of redress against the supplier.
This absolute duty of care cannot be waived by any contract terms and your employer can never back away from their responsibility to you.
What if a fellow employee caused the injury?
If the fellow employee was acting within what could reasonably be interpreted as the scope of their job, then your employer will still be liable for any injuries under the principle of “vicarious liability”. If the other employee was acting violently or inappropriately then the employer may argue that this was outside the scope of what could reasonably be expected and deny liability. In this case, you may have to take action against the individual employee.
What should I do in the event of an accident happening at work?
The single most important thing that you can do is to ensure that an accurate record has been made. If possible, immediately report the incident to an appropriate person and make sure they lodge an accurate and comprehensive account in the accident book. This may be the last thing you feel like doing at the time, but it is a legal requirement and should any claim be made, it will provide vital evidence. One of the things that will be investigated is whether the employer could have reasonably foreseen the incident. One way in which this will be established is with an examination of the accident log. Records of previous similar injuries would indicate that the employer had fair notice of the risks and their continuing to ignore these risks could be construed as negligence.
What if I am partly responsible for my accident?
If your injuries resulted from you choosing to ignore training or safe working practices then it is likely that your employer would be able to argue a case of “contributory negligence”, with a proportional reduction in the value of any compensation award. For example, should the court or tribunal decide that the incident was 50% due to your own negligence; you would be awarded 50% of the potential compensatory amount.
What if I am victimised by my employer for pursuing a claim?
Unfortunately this is something that has been known to occur, though it is rare. It is much more likely to happen in very small organisation and the truth is you probably know your employers well enough to know if this is likely to be an issue. The vast majority of employers are pragmatic enough to realise that industrial injury claims and compensation are a simple fact of life of modern labour relations. They realise that these are exactly the circumstances for which they pay employers liability insurance and simply forward the relevant correspondence on to their insurers.
Can my employers dismiss me following a workplace accident claim?
It is a widely and mistakenly, held belief that dismissal following a workplace accidence would be discriminatory. However, the simple fact is that a considerable percentage of the 246 000 reportable injuries that occurred last year resulted in lengthy absences from work, or in persistent conditions that entirely prevented the sufferer returning to work at all. In these circumstances the employer may take the option of terminating employment on the grounds of incapacity. Should this occur, there would be no way of compelling reinstatement, but a claim for loss of earning should still be pursued. If the period of absence has been sufficient to lead to dismissal for incapacity, then it is likely the claim for lost earning will be a significant sum. Working with our legal team, we should be able to secure a suitable sum for you as long as the claim was valid and supported by medical evidence.
What is a ‘No Win, No Fee’ arrangement?
These arrangements are simply a way of providing access to legal help when considering a claim for compensation related to a workplace accident. It is an agreement between you and us, as a legal firm, that ensures that if your claim for compensation is unsuccessful then you will not have to pay any legal fees. If your claim is successful then our legal costs are passed on to the other side. If your claim fails then we recover our costs from an insurance policy. These arrangements are also be known as ‘Conditional Fee Agreements’ (CFA) and they replaced the legal aid system in 1995.
Will I get 100% of the compensation?
Absolutely. With the exclusion of some specialised areas, the unsuccessful party will always pay the legal costs and expenses. Some companies choose to advertise this 100% guarantee as an inducement, but whichever legal firm you choose you should always retain the entire award.
How much compensation will I receive?
This really varies considerably but the average award tends to be between £2000 and £10000. The exact amount will, of course, depend on the severity of your injury. Chronic illness or particularly severe accidents can attract substantially more. It should be remembered that, potentially, the larger part of the claim will be for loss of earnings. Out-of-pocket expenses are also recoverable if you retain evidence of their payment.
How long will my case take?
The length a claim takes from start to finish varies enormously. Given the inevitably protracted nature of our legal system, all times are relative and a quick claim may be settled in just a few months. If any of the issues are contested then the time frame can extend quite dramatically. A rapid settlement depends on both parties being equally motivated to achieve a resolution and being in agreement on two crucial matters: liability should be uncontested; and the amount of compensation claimed should be reasonable to the circumstances.
