When you contact a personal injury solicitor to find out whether you could still file a claim for compensation from your employer even though the incident was not reported or recorded, they would offer you a no obligation, free, initial consultation and it is during this first discussion which can typically be done over the phone, that a solicitor would decide whether your case would be valid. Once this has been determined, the solicitor would offer to act on your behalf when you file an accident at work claim against your employer on a No Win No Fee basis.
In short, you can seek compensation without placing yourself in any financial risk. The reason being that you would not have to pay an upfront or ongoing fees to the personal injury solicitor who acts on your behalf. When you sign a Conditional Fee Agreement with a lawyer, they undertake to represent you and agree to only be paid for their services when you win your claim.
More information regarding Accident Books in the workplace. If you were injured in an accident at work and would like more in-depth information on what incidents and dangerous occurrences as well as work-related diseases must be reported to the RIDDOR, please follow the link below:. More information on reportable incidents. Accident At Work Claims Advice Whenever you sustain an injury at work, you should make sure that the incident is correctly reported to either the person in charge or your employer directly.
Accident At Work Claims Advice Although not having a record of the workplace accident that left you injured would make the process of seeking compensation harder, it is does not mean that it would be impossible to do so. As soon as you are able, the steps as indicated below must be followed whether you are intending to seek compensation from an employer or not: Make sure that the incident was reported to the person in charge of the workplace or directly to your employer.
If the place where you work does not have an Accident Book, you have two options which is to either send your employer a personal email detailing the incident or you can send them a registered letter remembering to retain a copy of the letter in your own records Gather photos of where the workplace accident happened and if applicable what tools, machinery or equipment you were using at the time Gather photos of your injuries preferably taken before you were treated Gather statements from witnesses together with details of how they can be contacted Get a medical report that provides details of the workplace injuries you suffered which must include even the minor symptoms you may be experiencing because they could turn into something more serious at a later date The key to filing a successful work-related personal injury claim against an employer if the incident was not recorded or reported, is to gather as much evidence as possible to support your case.
You have specific rights following an accident at work that leaves you injured which would include the following: The right to seek legal advice from a personal injury lawyer The right to seek compensation for workplace injuries you sustained through no fault of your own or because you were partly responsible contributory negligence The right not to be discriminated against, treated unfairly or fired because an accident at work claim has been filed against an employer because they failed to protect you from harm and injury in the workplace Does an Employer Have a Duty of Care Towards Me if I am Injured in a Workplace Accident?
Things you must avoid doing are: Do not sign anything even if your employer pressures you to do so. Should your employer insist that you sign a document admitting liability for the workplace injuries you sustained, a court or tribunal may not accept that you did admit responsibility because your employer forced you to sign Do not hesitate when it comes to getting a medical report on the injuries you sustained even if the symptoms you experience are minor Do not fail to report the incident to the person in charge of a work environment or your employer Do not fail to ensure that an incident or near-miss has been reported to the relevant authority Could My Employer Sack Me If I Insist on Reporting an Accident at Work and Seeking Compensation?
Even if you are not thinking about seeking compensation from an employer by filing an accident at work claim, there are certain steps that must be taken if you are injured which are listed below:.
Although you may not wish to claim compensation at first, you could find that a little further down the line what you thought were minor injuries were in fact, a lot more serious. As such, having gathered as much proof that you sustained your injuries while carrying out your work, the stronger your claim against an employer would be even if you have waited a week or two before filing an accident at work claim against them.
If you are injured in the workplace, there are specific things that you must not do and this includes if you think you may be partly liable for the injuries you suffered. This would entitle you to seek compensation from them although the amount you may be awarded would take into account the level of responsibility you are deemed to have had.
Other things that you must avoid doing if you are involved in an accident at work and suffered injuries includes the following:.
An employer must have a very good reason other than the fact that you are injured in an accident at work and you insisted that the incident be officially recorded whether in the Accident Book , by some other means or to RIDDOR.
Should your boss try to intimidate you, threaten you or even hint that you stand a good chance of being fired, you must seek legal advice from a solicitor because your employer would be in breach of the law.
This could entitle you to seek further compensation from them. The fact that an employer hesitates, refuses or just does not want to report a workplace accident to RIDDOR, could leave them open to a hefty fine. On top of this, the fact that an employer receives fine would add tremendous strength to your case against your boss.
Accidents that leave employees suffering from severe injuries, work-related diseases, near-misses and fatalities must be reported to RIDDOR immediately or as soon after the incident occurrence as possible. However, this initial report must be followed up with a written report of the incident within ten days following the initial report that was sent to the authority. Accident at work claims for compensation must be filed within 3 years of an incident occurring.
With this said, the 3 years can begin at different times which is explained below:. Everything you need in one place.
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Primed gives you access to extensive online templates and documents and is free for the next 12 months, supporting businesses throughout Additional Services. About Primed. So what work related accidents are reportable? Deaths; Major injuries, including but not limited to fractures other than to fingers, toes and thumbs , dislocation of the shoulder, hip, knee or spine and loss of sight; Over-seven-day injuries previously over-three-day injuries which are non major injuries which cause an employee or a self-employed person working on your premises to be away from work or unable to do their full range of normal duties for more than seven days; Disease, including but not limited to certain musculoskeletal disorders for example repetitive strain and hand arm vibration syndrome vibration white finger ; and Dangerous occurrences near misses including but not limited to collapse, or failure of load bearing parts of lifts and lifting equipment and electrical short circuits.
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