Employees are legally entitled to certain provisions at work. These include having a safe working environment, free personal protective equipment (PPE) that is adequate for the job and maximum periods of work before rest. This post looks specifically at employee rights after a workplace accident.
We’ll examine a range of topics including sick pay, protection from dismissal and what safety standards your employer should be implementing to keep you and your colleagues safe. We’ve also included some examples of unsafe practices causing workplace accidents.
You will also see a short overview of the No Win No Fee agreement offered by our panel of highly experienced personal injury solicitors, with particular reference to how you can benefit when making a claim for an injury at work under these terms.
To talk to our advisors for further guidance or a free assessment of your eligibility to claim, use the contact information provided here:
- Call us on 0330 043 2925
- You can also contact us through our website.
- Open the live chat window on your screen now.
What Are Employee Rights After A Workplace Accident?
Under the Health and Safety at Work etc. Act 1974, there is a requirement imposed on all employers to take reasonable steps to ensure workplace safety. The Health and Safety Executive (HSE), Britain’s national regulator for health and safety, publish guidance on topics such as training and the safe use of workplace transport to help employers meet their obligations.
Following an accident at work, you may be wondering, ‘What are employee rights after a workplace accident?’. If you have suffered an injury while at work due to your employer breaching the duty of care they owed, you have a right to make a personal injury claim for compensation. This includes compensation for the injuries you have suffered and any financial losses they have caused you to experience, such as medical expenses.
To learn more about employee rights after a workplace accident, or for a free assessment of your eligibility to make a personal injury claim, talk to our team today using the contact information provided above.
What Workplace Accidents Could Lead To A Compensation Claim?
Accidents in the workplace can occur in a number of different ways. We endeavoured to provide a varied list of potential accidents here. If your particular circumstances aren’t listed, then don’t worry. You could still be eligible to claim.
Examples of workplace accidents that could lead to a compensation claim include:
- A lack of manual handling training meant you attempted to carry a load incorrectly. You tore a ligament in your shoulder and damaged your back when attempting to lift the box.
- The maintenance checks on the warehouse vehicles had not been carried out. The brakes failed, and your colleague ran over your foot, breaking several toes.
- Poor lighting resulted in you tripping and falling on the workfloor. You badly injured your ankle in the fall.
- Trailing leads in the stockroom of your retail job caused you to trip and hit your head on shelving.
There are, of course, many other ways in which workplace accidents could occur. For a free assessment of your eligibility to claim compensation in your particular circumstances, contact our advisory team today.
Can I Be Sacked For Making An Accident At Work Claim?
No. Employees are protected from unfair dismissal, and making a valid personal injury claim against your employer certainly constitutes an unfair reason. However, if your injuries limit or altogether prevent you from carrying out your work duties, your contract may be terminated, but you still have a right to claim against your employer.
When dismissing an employee, employers are required to follow a fair and reasonable process and have a suitable reason for this.
Contact our advisors today to learn more about what are employee rights after a workplace accident and whether you could make a claim.
Do I Get Sick Pay If I’ve Been Injured At Work?
There are two types of sick pay that can be made available to you if you’ve been injured at work. Statutory Sick Pay (SSP) and contractual sick pay. While Statutory Sick Pay is mandatory after a certain period of ill health, contractual sick pay is at the discretion of individual employers.
Your employment contract will tell you what you are entitled to in terms of paid sick leave. An employer could also make informal provisions not in the contract following a workplace injury, so it is always worth speaking to your employer to check what support can be made available.
Statutory Sick Pay (SSP)
SSP is a weekly allowance paid by your employer if injury or ill health prevents you from undertaking work. You will receive an amount of £116.75 for a maximum of 28 weeks. The eligibility criteria are as follows.
- You are contracted as an employee and have started work.
- Your average weekly pay is at least £123.
- You have been sick for at least 3 consecutive days (including non-working days).
You can find out more about claiming SSP, or check if you’re eligible to begin a personal injury claim by contacting our advisory team. Get in touch today using the contact information provided below.
What Evidence Can Help Me Claim For A Workplace Injury?
Proving it was your employer who caused the accident is a key part of any accident at work claim. Evidence will also show the extent of your injuries, useful for when solicitors are calculating compensation for a workplace accident.
Examples of evidence you could use include:
- Medical records.
- Workplace documents.
- Photographs.
- CCTV footage.
- The contact information of witnesses, so a statement can be retrieved from them.
Working with a solicitor when collecting evidence for your claim could benefit you. In addition to ongoing support, a solicitor will ensure all court instructions and deadlines are complied with.
Contact our advisors today to find out if you’re eligible to work with one of the solicitors on our panel or to inquire further about employee rights after a workplace accident.
Claim Accident At Work Compensation On A No Win No Fee Basis
Now we’ve explained employee rights after a workplace accident, this section looks at how our panel of accident at work solicitors could help you claim compensation on a No Win No Fee basis. Our panel can offer their services under a Conditional Fee Agreement (CFA).
CFAs give claimants some distinct benefits, including:
- No fees to pay for the solicitor to begin work on the claim.
- No fees for this work during the claim itself.
- No fees to pay should the claim fail.
If the claim succeeds, you’ll receive personal injury compensation. A percentage your compensation will be taken as a success fee for your solicitor. Since this percentage is legally capped, you will, therefore, get to keep most of your compensation.
To talk to our advisors for further guidance or a free assessment of your eligibility to claim, use the contact information provided here:
- Call us on 0330 043 2925.
- You can also contact us through our website.
- Open the live chat window on your screen now.
More Resources About Making An Accident At Work Claim
You can read some of our other accident at work claims guides by clicking these links:
- Learn more about claiming after you stood on a nail at work.
- Read this guide to accidents caused by faulty machinery in the workplace.
- Find out about claiming for a factory accident here.
We have also provided these external resources for additional information:
- Learn when to call 999 using this NHS resource.
- Read the introduction to machinery safety on the HSE website.
- Find out more about how to request CCTV footage of yourself with this Government guidance.
Thank you for reading our post on employee rights after a workplace accident. For more information or to find out if you could make a claim, contact our team today using the details provided above.
