Injured at work, how did it happen and what injuries did you sustain?
If you have been injured in a factory accident, how do you know if you can make a claim?
Your employer has a duty to ensure that you are protected in your workplace. As an employee, you are owed a duty of care. If they breach this duty of care by failing to protect you and you subsequently suffer an injury caused by this breach of duty, your employer will be liable to pay compensation to you for your injuries, losses and expenses.
Part of your employer’s duty is that they must carry out a risk assessment, looking at the dangers in the workplace and how they might cause you to be injured at work.
All places of work carry some danger, even offices with potential hazards including lifting heavy items, tripping over wires, or badly positioned workstations.
Factories usually are more risky with dangerous equipment and machinery and often relentless tasks leading to fatigue and more chances of injury. An employer must assess all potential dangers and take action to reduce the chance of their staff being injured at work. Failure to do so could lead to an employee being injured and taking a claim for compensation against the employer.
Another large source of work injury claims involves fork lift trucks. Lack of training can lead to the fork lift tipping over causing injury to the driver and anyone in the vicinity. Careless driving can also lead to injuries to colleagues and visitors to premises.
If the employer fails to assess the risk involved in these circumstances, and all other potential causes of injury, they have failed in their duty of care to you. If this is the case, you can move onto the next stage, compensation.
If you are unfortunate enough to be injured at work due to your employer’s negligence, you will be entitled to compensation. The compensation will be awarded for the pain and suffering experienced (called General Damages) but also for your losses and expenses (Special Damages). This can include items such as:
Earnings lost as a result of the accident
Additional travel expenses
Damaged clothing etc
WHAT TO DO IF YOU ARE INJURED AT WORK
There are many solicitors with expertise of dealing with people injured at work. Ensure you choose one that specialises in work accidents, explains the process to you in detail and ensures that you will receive all of your compensation if your claim is successful.