ACCIDENTS AT WORK
There are many rules and regulations that are imposed upon employers to ensure that the safety of their employees and if these are not complied with and you are injured as a result, you may be due some compensation.
Some of the legal duties of employers include providing :-
Personal Protective Equipment (PPE) this may include work footwear, googles, overalls, high-vis clothing and hard hats etc.
Manual Handling Training
Risk Assessment and method statements on how to do the job.
Training staff on how to use work equipment correctly, ensuring that the training is refreshed and retrained when necessary.
Monitoring and ensuring that staff continue to carry out the correct work practices.
Providing health and safety training
Ensuring that spillages are cleaned up and the correct hazard warning signs such as “wet floor” signages are put in place to warn other employees.
REPORTING YOUR ACCIDENT
It is important that if you are injured as a result of an accident at work that your employer records the accident. If the company has more than 10 employees, then this must be recorded within either their paper accident book or an electronic accident book. It’s a good idea that you check to ensure that this has been done. Maybe sending an e-mail to report the accident may help and retain the e-mail as proof that the accident has been reported.
Who you report the accident too will depend on who you were working with, what your employee status is and where you were working.
Remember if you are not able to report the accident yourself you may ask someone else to do this for you.
If you are working in your usual workplace, then this may be a manager, the first aider or who you report to.
If you are working somewhere that isn’t your usual workplace, then again you do need to report the accident to your manager/employer and also report it to the business where you are working.
Ensuring that there is a record of the accident, and injuries does help claims as these entries can be used as evidence that a person has sustained an injury as the result of the accident.
An employer also has a duty to complete a RIDDOR report (Reporting of Injuries, Disease and Dangerous Occurrences Regulations), this is health and safety legislation.
There is a requirement of the employer that if the employee has been absent from work for over 7 consecutive days which does not include the day of the accident but does include weekends and bank holidays that the Riddor report should be sent the Health and Safety Executive. If an employee has been absent from work for more than 3 days, there is a requirement on the employer to have completed the RIDDOR report but they do not have to send it.
PAY AND BENEFITS
The amount of sick pay entitlement will be detailed down within your employment contract. There is not an automatic right to receive full pay just because you have had an accident work. However, if you are employed you will be entitled to be paid statutory sick pay (SSP), through your employer or work agency for up to 28 weeks. If you are not entitled to SSP you may be entitled to claim other benefits.
If you have been injured at work you might want to claim compensation. Here at Martin-Kaye Solicitors we have experience of acting for clients who have been injured as a result of an accident at work.
We are happy to discuss your enquiry for a first free interview and we will explain funding options with your to include “no win, no fee” agreements. Please get in touch with our Personal Injury team today on claims@martinkaye.co.uk or call us on 0800 975 6066.
