Employers in the UK have a legal duty to make sure that a work area is safe for you to be in. However, as an employee, you must also act reasonably when you are at work and you must abide by the rules, working practices and other policies that your employer sets in place to reduce the risk of a workplace accident happening. With this said, accidents at work do happen no matter how safe a work environment happens to be whether it is because you caused the incident, a fellow employee made a mistake, or through employer negligence.
If you were injured in an accident at work and your employer denies liability and would like to find out more on whether you could still be entitled to claim compensation, please read on.
- How Do I Prove Employer Liability When I Am Injured at Work?
- What Can I Include in an Accident at Work Claim if My Employer Denied Liability?
- Is it Worth Filing an Accident at Work Claim if My Employer Denied Liability?
- What Are My Worker’s Rights If I Am Injured at Work?
- What Responsibilities Does My Employer Have in the Workplace?
- Would I Lose My Job if I Seek Accident At Work Compensation?
- What Advantages Would a No Win No Fee Solicitor Offer Me if I File an Accident at Work Claim?
- What is the Deadline to Filing an Accident at Work Claim if an Employer Denies Liability?
- What is a No Win No Fee Agreement?
- Informative Links
How Do I Prove Employer Liability When I Am Injured at Work?
When employers refuse to accept responsibility for an injury you sustained in a workplace accident, your personal injury claim could be more challenging to prove. As such, if you feel that your employer should be held liable, you should contact a solicitor at www.accidentclaims.co.uk who would listen to the circumstances surrounding the workplace accident in which you were injured before determining whether your employer could be held responsible through negligence. The solicitor would be in a position to do this when they offer you a no obligation first consultation which can be carried out over the phone and for which you would not be charged.
You would need to provide enough evidence to show that your employer did not do all they could to keep you safe in the workplace and as a result of their negligence, you suffered an injury. If you feel you may be partly responsible for the accident occurring, your employer could also be deemed partly liable. This is known as contributory negligence and as such, you may be entitled to seek compensation although the amount you would be awarded would reflect the level of responsibility a court rules you had in the incident occurring.
Most employers accept responsibility once they receive an official letter of intention from a solicitor when they initially deny liability for the injuries an employee suffers in an accident at work. However, if the lead up to the incident is less clear, your employer may choose to refuse they are responsible in which case a personal injury solicitor would offer essential legal advice on whether you should file a lawsuit against them. Should this be the case, reaching a final settlement may take longer than if your employer accepted liability.
All too often, it is an employer’s insurance provider who encourages them not to accept liability but may change their view once they are sent a letter from a personal injury solicitor who represents you. It the solicitor has sufficient evidence to prove liability, the insurer may choose to offer you an “out of court settlement” because if your case goes to court and you win, the insurer would not have to only pay their own court costs but yours too.
What Can I Include in an Accident at Work Claim if My Employer Denied Liability?
When you contact a legal expert and they have had the opportunity to determine you have a strong personal injury claim against your employer, they would advise you of what can be included in your claim. Compensation is calculated in two parts which are as follows:
- General damages – awarded for the damage (injury) you sustained
- Special damages – awarded for your losses (out of pocket expenses)
General damages that you may be awarded are based on the extent of the workplace injuries you sustained and how your future life is affected. Courts, solicitors and insurance companies base the personal injury compensation on the Judicial College Guidelines.
Special damages are a lot simpler to work out because they are based on your “actual expenses” which you incurred as a direct result of having been injured in an accident at work. With this said, you must be able to provide relevant receipts to support each of the special damages you claim which would include for the following:
- Travel costs – whether you go by car, taxi, bus or train to the place where you receive necessary treatment, therapy or rehabilitation
- Medical expenses – this would include the cost of prescriptions and all other medical related expenses that are not covered by the NHS
- Care costs if your injuries are such that you need assistance around the home to carry out normal daily chores during the time it takes you to recover from the injury you suffered
- Adaptations to your home or car (should these be necessary)
- All other costs and expenses you incurred because of the workplace injury you suffered
Is it Worth Filing an Accident at Work Claim if My Employer Denied Liability?
You have the right to seek compensation if you suffer an injury in a workplace accident even if your employer chooses not to accept liability. As mentioned previously, most employers are advised by their liability insurance providers not to accept responsibility if you are injured at work but it only takes an official letter of intent from a personal injury solicitor for them to change their minds. It is also worth noting that it is compulsory for all employers in the United Kingdom to have liability insurance which must meet the legal requirement of £5 million. The policy has to be issued by an approved insurance company and employer should display it in a prominent, easily visible place in a work environment.
Even if your employer does not accept responsibility for the workplace injuries you sustained and you choose to claim compensation by filing a personal injury claim against them, a solicitor who represents you on a No Win No Fee basis would communicate with the insurer and would decide whether you should file a lawsuit against your employer if they still insist they are not responsible for the injuries you suffered. If your personal injury claim does go to court, it may take longer for a final settlement to be reached and you may have to go to court but should always follow the legal advice you are given by the solicitor who represents you.
What Are My Worker’s Rights If I Am Injured at Work?
All workers have rights in the UK which are highly protected. One of your worker’s rights is to seek compensation from an employer if you are injured in the workplace and you have evidence that you sustained your injuries because your employer failed in their legal duty to ensure you were kept safe in the workplace. Your worker’s rights include being able to do the following:
- To file an accident at work claim against an employer who failed to keep you safe when you were at work
- For your job to be secure and that you would not be treated unfairly or detrimentally if you seek accident at work compensation
If your employer threatens you in any way because you seek compensation from them, you should contact a lawyer at www.accidentclaims.co.uk who would advise you on whether you should file another lawsuit against your employer for acting unlawfully towards you.
What Responsibilities Does My Employer Have in the Workplace?
All employers in the United Kingdom have a legal duty to keep you safe from harm and injury at work. They must make sure that work environments are safe by setting in place all “reasonable” measures to reduce the risk of workplace accidents from happening. There are laws and legislation in place that protect you and your fellow workers and should your employer not abide by them or chooses to ignore them and you suffer an injury as a consequence of their negligence, they could be deemed responsible and as such, you have the right to seek accident at work compensation.
Employers must ensure the following:
- That all employees and other workers are provided with information on good working procedures and practices
- That all employees and other workers are sufficiently trained to do their jobs and use equipment, tools and machinery in the workplace
- That all employees and other workers are provided with adequate, well maintained personal protective equipment – PPE
- That adequate risk assessments are routinely carried out in the workplace to identify potential hazards
- That machinery, equipment and tools are correctly maintained in good working order
If you were injured in an accident at work and your employer denies liability, you should contact a solicitor who would ask you to provide evidence that your employer could be held responsible because they failed in any of the above.
Would I Lose My Job if I Seek Accident At Work Compensation?
Your employer cannot sack you because you file a work-related personal injury claim against them and if they do, you may be able to file an unfair dismissal claim as well. The reason being that your employer would be acting unlawfully unless they have another “good and valid” reason for firing you other than the fact you seek accident at work compensation.
Employers who treat you detrimentally or unfairly following an accident at work in which you were injured, would be in breach of the law and as such before doing anything else, you should seek legal advice from a solicitor who specialises in employment law.
What Advantages Would a No Win No Fee Solicitor Offer Me if I File an Accident at Work Claim?
If your employer denies liability for the workplace injuries you suffered, having legal representation is vital because a personal injury solicitor has the necessary legal expertise required to investigate the circumstances that led up to the incident. One of the main advantages of having a solicitor work on your behalf is that they would arrange for your injuries to be assessed by an independent medical professional who would produce a report detailing the injuries you suffered. This medical report would be used to calculate the amount of general damages you could be awarded.
Other advantages to working with a solicitor when filing an accident at work claim against an employer who does not accept responsibility for the injuries you suffered would include the following:
TO UPLOAD
What is the Deadline to Filing an Accident at Work Claim if an Employer Denies Liability?
There is a strict 3 year deadline to filing an accident at work claim and this has to be respected for you case not to be “time barred”. However, the deadline starts at different times depending on several things which are detailed below:
- 3 years from the date you sustained a workplace injury
- 3 years from when you were diagnosed by a medical professional as having developed a health condition that they are able to directly link to the workplace injury you sustained
- 3 years from the date of your 18th birthday if you were injured before this date
Because an employer denies liability for the workplace injuries you sustained, as previously touched upon, proving they are responsible may take time. If your case has to go to court, it can also slow things down and as such, it is far better to seek legal representation as soon as you can to avoid running out of time.
What is a No Win No Fee Agreement?
A No Win No Fee agreement is a legal contract that you sign with a personal injury solicitor who represents you when filing a work-related personal injury claim against an employer. The agreement sets out the “success fee” you agree to pay a personal injury lawyer but only if you win your case and the amount is deducted from the accident at work compensation you are awarded. If you lose your case, you would not have to pay the “success fee” because of the No Win No Fee contract you signed.
A Conditional Fee Agreement also sets out what the solicitor would do for you when representing you in a case where an employer denies liability for the workplace injuries you sustained. The solicitor would ask you to provide as much evidence as you can to prove that your employer was responsible for the workplace injuries you suffered which would include the following:
- The medical report detailing the workplace injuries you sustained whether the report was provided by a doctor at a hospital or your own GP
- The record of the incident as reported in the Accident Book – if there is no book, you can choose to send your employer a personal email or registered letter remembering to keep copies for yourself
- Photos or CCTV footage if available of the incident and where it occurred
- Photos of the workplace injuries you suffered
- Witness contact details together with written statements of what they saw
Once a solicitor has all the information needed to establish employer negligence they would send a letter to both your employer and their insurers which is known as a “letter of intent” to file an accident at work claim and to seek compensation for the workplace injuries you sustained.
Informative Links
If your employer does not accept responsibility for the injuries you sustained when you were at work and you would like more information regarding an employer’s duty towards you and your fellow workers, please click on the link provided below:
An employer’s duty of care towards you in the workplace
For more information regarding worker’s rights in the UK and how they are highly protected, please follow the link below:
Worker’s rights in the United Kingdom
If you need more information on how accidents at work have to be recorded, please follow the link provided below: