Accidents at Work Claims

On the day of his injury, Milos was working with others taking wooden crates apart, to clear a build-up of rubbish in the yard. His life, in those few minutes, turned upside down.

Milos was using a crowbar to pull the crates apart but was not provided with any protective googles even though a risk assessment of the task, had noted that googles were required. Whilst easing the crate apart, the crowbar slipped and flew towards his head, hitting Milos on his forehead and scraping down and across his eye. His right eye was crushed by the force of the crowbar and, despite the efforts of the expert medical professionals, the injury has left Milos permanently blind in his eye. After the accident, Milos also suffered severe headaches, flashbacks of the incident and depression.

When Milos decided to pursue a personal injury claim, he had been encouraged by others to do so. Friends, work colleagues and family members wanted Milos to get justice and receive the damages he deserved to help rebuild his life, and support the ongoing adaption of his lifestyle to deal with significant reduced sight.

Immediately after his injury, Milos spent over 9 months indoors. He slept a great deal during the day and remained awake at night. His injured eye was very sensitive to light. He had to wait months for eye surgery too, as doctors needed the eye to settle and recover as much as possible from the traumatic blow.

Milos also needed surgery to repair the cut sustained across his eye.

If you’ve suffered from an injury at work within the last three years and you believe it wasn’t your fault, then you may be able to make an accident at work claim.

Of course, genuine accidents at work do happen – indeed, it’s virtually impossible to keep any workplace 100% accident-free. But many accidents in the workplace occur because of unsafe working practices, whether it be failure of management to follow health and safety protocols, poorly maintained or faulty equipment or anything else. If your accident falls into the category of negligence on someone else’s part, then you deserve to be compensated for the injuries you’ve received and the debilitating impact on your life.

Our team of accident at work solicitors have decades of experience in not only helping people get the accident at work compensation they deserve, but also aiding with rehabilitation and returning to the workforce with confidence.

Injuries from accidents at work can take many forms. Below, we’ve listed some of the most common injuries you can claim for. If your injury is not listed, give us a call to discuss how we can help.

• Injuries from manual handling, lifting or carrying

• Unsafe working practices and procedures

• Failing to comply with health and safety regulations and guidance

• Injuries caused by the lack of provision of suitable protective equipment

• Exposure to toxic chemicals and substances

• Being hit by a moving object – including vehicles or cranes

Your employer has a general duty to take reasonable steps to ensure that employees’ health and safety at work are protected.

This includes maintaining a safe working environment, ensuring that risk assessments are carried out, and providing proper and adequate training to employees.

For example, employers should be undertaking regular inspections to ensure workspaces are free from hazards and providing employees with training to ensure that they are able to undertake all tasks safely.

Of course, employees can act independently and employers might not be liable unless they are responsible for their carelessness, such as by not providing proper training or not carrying out a proper risk assessment of the tasks that they ask you to undertake.

If you are looking to make a claim as a result of injury caused by an accident at work, it’s important to follow the proper steps. We advise the following accident at work procedure:

Seeking medical attention

Get immediate medical help from your GP or a hospital if you suffer an injury due to an accident at work. Make sure your injuries and the circumstances are properly documented so you have a record of how your injuries occurred.

Record the accident

Your company should have a log to track any accidents and injuries. It’s important to make sure this is filled out as soon as possible with all the details of your accident. If your employer doesn’t have such a log, report it to your line manager as soon as possible.

Seek legal assistance

Speak to one of our specialist accident at work solicitors who will advise you on the next steps, including how to pursue a case and how much compensation you could potentially claim.

Your employer has a general duty to take reasonable steps to ensure that employee’s health and safety at work are protected.

This includes maintaining a safe working environment, ensuring that risk assessments are carried out, and providing proper and adequate training to employees.
For example, employers should be undertaking regular inspections to ensure workspaces are free from hazards and providing employees with training to ensure that they are able to undertake all tasks safely.

Of course, employees can act independently, and employers might not be liable unless they are responsible for their carelessness, such as by not providing proper training or not carrying out a proper risk assessment of the tasks that they ask you to undertake.

The time limit for making a claim following an accident at work is usually three years from the date of the injury or from the date you became aware that you have suffered an injury.

In the instance of occupational illnesses or diseases, for example, the time limit to bring a claim is slightly different in that it is three years from the “Date of Knowledge”. This is generally the date you first realised or suspected that your illness was related to your work or three years from the onset of symptoms.

Children who have sustained an injury before the age of 18 have until their 21st birthday to start court proceedings.

It is possible to delay making a claim for an accident at work until after you have left your employer. However, there are disadvantages to this.

As a general rule, it’s for the person bringing the claim to prove it. One difficulty caused by delay is that a person’s recollection of the accident will be clearer in the weeks and months immediately afterwards. A lot of people believe that as an accident has had a big impact on their lives, they will be able to recall all of the details. However, memories do fade over time and it is likely that some relevant details will be forgotten.

This is the case not only for claimants but also for anyone who may have witnessed the accident, who could also move or change their contact details, making it harder to reach them after a period of time. Witness evidence can be crucial to bringing a claim so it is important to make contact with witnesses while the incident is still fresh in their minds.

How long your claim will take to complete will depend completely on the circumstances surrounding it. With personal injury claims in general, timeframes boil down to a few core factors:

• The extent of the injuries faced

• The length of time you have been in hospital and/or at home and off work

• The amount of care required

• Whether the other side denies responsibility

In cases where the employer has accepted responsibility for an accident at work and the injuries involved are relatively minor, cases can take as little as a few weeks to resolve. If, however, the employer refuses to accept responsibility and the injuries concerned are more significant with potentially debilitating implications for the future, cases can go on for much longer as sufficient evidence is acquired to build a case and court proceedings are potentially issued.

At Hodge Jones & Allen, we have a dedicated team of specialist personal injury solicitors ready to help you or your family. Our expert lawyers are ready to advise on the best approach to take when making a claim for compensation as a result of an accident at work, which may have left you or a loved one with a life-changing injury.

Our specialist solicitors work on a client-first approach, making sure the victim’s needs and treatment are at the forefront of every claim.

Early rehabilitation and a collaborative approach with the insurers are key to getting the best outcome for someone who has been injured. Rehabilitation and care is our primary focus. We recognise every injury is different and no two sets of circumstances are the same, so any treatment and recommendations will be tailored to you and your own case.