Having an accident at work can be a very distressing experience.
On top of any injuries sustained, many workers also worry about how their employer will handle the situation.
If you’ve had a workplace accident and aren’t sure of your rights, Thompsons Solicitors can help. We’re the UK’s leading law firm for trade unions, representing workers and never employers for over a century.
In this guide, we’ll explain your rights following an accident at work by answering some common questions we hear from our clients.
If you've been injured at work, it's critical to act swiftly to secure your rights. Thompsons Solicitors, with a century-long history of exclusively representing workers, not employers, is here to help you understand and exercise your rights after a workplace injury.
Upon suffering an injury, promptly report the incident to your employer using the established reporting procedures, like the accident book. Ensure you receive medical attention immediately for your injuries. You should gather evidence and take photos of the unsafe conditions that led to your injury and any physical injuries.
Taking photographic evidence of the accident can also be useful in the event that you decide to make an accident at work claim. You should photograph any unsafe conditions that contributed to the accident – for example, if you tripped over loose wires, take a photo of the wires as evidence. It is also a good idea to take photo evidence of any injuries caused by the accident.
Documentation is key.
Many workers worry about the repercussions of filing a claim, including potential job loss. Legally, you cannot be dismissed for being injured unless the injury was a result of your gross negligence.
If the accident was partly your fault, but partly a result of your employer’s negligence, you may be able to challenge a decision to dismiss you from your role.
If you were not at fault for the accident, your employer should not dismiss you because of the accident. If your employment is unfairly terminated, this may constitute unfair dismissal, allowing you to take legal action.
For more information, read our article about what to do if you have been dismissed after an accident at work.
If you need to take time off because of injuries caused by an accident at work, check your employment contract for details about your sick pay entitlement.
Your contract should outline whether you are entitled to Statutory Sick Pay (SSP), or a higher rate of contractual sick pay.
If there's any dispute over your sick pay, your trade union representative can provide advice and support.
If you have been injured in an accident at work where your employer was at least partly at fault, you can make a personal injury claim.
Under the Health and Safety at Work Act 1974, employers are obligated to provide a safe working environment. If your employer has failed to protect you, then it is your right to seek compensation for your injury.
Many workers worry about what will happen if they make an accident at work claim. It is important to remember that you are entitled to compensation if you are injured as a result of your employer’s negligence. Your employer should not discriminate against you for making an accident at work claim. If you suffer any unfair treatment from your employer after bringing a claim against them, make sure you inform your trade union so they can advise you.
Do not hesitate to claim compensation; fear of impacting your employer financially should not deter you. Employers are required to have insurance that covers such claims, which handles legal costs and compensation payouts, ensuring that no financial burden falls on individual employees.
If you belong to a trade union, you may be able to make an accident at work claim free of charge as part of your member benefits package. Visit our union pages to see if you are covered and could receive 100% compensation through making a claim through your union.
If you aren’t in a union, you can pursue an accident at work claim without upfront costs by choosing a no win, no fee arrangement. The packages that law firms offer with ‘no win no fee’ claims vary considerably, and some firms charge much more than others. At Thompsons, we offer transparent information on our fees for non-union clients, available on our fees and payments page, speak to us today on 0800 0 224 224 or fill out our online form to learn more about how to make a claim.
Thompsons Solicitors is dedicated to supporting workers who have been injured on the job. We ensure you understand your rights, the steps to take following an injury, and how to claim the compensation you deserve. Your safety and justice in the workplace are our top priorities.
We’ve been fighting for workers and using the law to improve workers’ rights for 100 years.
Throughout our history our lawyers have been involved in virtually every workplace accidents test case. We won the case which established employers’ liability, helped to draft the Health and Safety at Work Act, won the first cases for a whole host of industrial diseases, and so much more.
We are always on the side of the worker and refuse to ever represent employers or insurers.
Our experienced solicitors have an unrivalled track record of winning workplace injury claims and getting injured workers the compensation they deserve.
Call us for a chat on 0800 0 224 224.
If you or a loved one have had an accident at work, you may be entitled to make a compensation claim. Get in touch via our online enquiry form for free, no-obligation advice and to discuss your case.
After submitting the form, a team member will personally call you to discuss your situation and the next steps.
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If you need additional help, please get in touch, we’re here to help you understand your claim.
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