A Guide To Accident At Work Employee Rights

In some circumstances, an accident in the workplace could be caused by the negligence of a third party, such as an employer. If that is the case, you might be wondering what your accident at work employee rights are and whether or not you have grounds to make a personal injury claim? Within this guide, we’ll outline and discuss how our panel of solicitors could assist those that have been affected by the negligence of an employer.

If, while reading this guide, you have any questions, then please contact a member of our team. Our advisors are available 24 hours a day, 7 days a week, and can offer free legal advice of no obligation. You can reach them on 0333 000 0729.

Jump To A Section

• What Are Accidents In The Workplace?
• What Rights Do I Have After An Accident At Work?
• Entitlement To Sick Pay If Injured At Work
• What Industrial Benefits Rights Do You Have After An Accident At Work?
• Could You Be Dismissed If You Claim Compensation For Your Accident
• Rights After An Accident At Work As An Agency Worker
• Reporting And Recording Of Your Accident At Work
• Steps To Take If Injured In A Workplace Accident
• How Victims Of Accidents At Work Could Claim Compensation
• Contact The Legal Helpline Team Today
• Frequently Asked Questions (FAQ)

What Are Accidents In The Workplace?

A workplace accident is an unfortunate turn of events that causes injury or harm. There are many causes of a workplace accident, and an employer must prevent them from happening.  From risk assessments, routine inspections, to regular housekeeping, these measures are designed to keep employees safe and prevent incidents from occurring. 

However, if an employer fails to uphold their legal duties on workplace safety, it could cause an employee to become injured. Common types of accidents that might occur in the workplace might include:

• A slip, trip or fall;
• Hit by an object;
• Muscle strain while lifting;
• A fall due to poor lighting.

What Rights Do I Have After An Accident At Work?

An employer has a legal duty to ensure the safety and well-being of their employees. To prevent an accident from occurring, there are measures, previously outlined by the HSE, that employers should carry out In addition to those steps, an employer should provide appropriate training and safety equipment. If you believe that your working environment is unsafe, then there are Trade Union representatives that could raise concerns to an employer on your behalf.  In the event you are in a situation that presents an immediate or severe danger to your health and well-being, then you are legally allowed to exit that situation.

For more information regarding safety equipment in the workplace, please click here. Additionally, get in touch with us if you have questions regarding your accident at work employee rights.

Entitlement To Sick Pay If Injured At Work

If you were involved in an accident at work, then you might require time off to heal and recover. If your employer does not provide sick pay during your absence, then you could apply for Statutory Sick Pay (SSP). The amount of sick pay you receive will depend on your employer’s sick pay policy. For example, you could be eligible to receive so much, and your employer could top up this weekly fee with additional payments or benefits.

For more information regarding Statutory Sick Pay, please click here.

What Industrial Benefits Rights Do You Have After An Accident At Work?

In addition to a personal injury claim against a negligent employer, you could have eligible grounds for Industrial Injuries Disablement Benefits (IIDB). In simple terms, IIDB applies to those that have become ill or disabled after an incident at work. There are some obstacles that could affect your eligibility, which include:

• You were involved in an approved training scheme, course or event when the incident occurred;
• The accident happened in England, Wales, or Scotland.

Could You Be Dismissed If You Claim Compensation For Your Accident

There are some cases where an employee could lose their position as a result of making a claim. This, however, would be treated as unfair dismissal and may expose an employer to further litigation. By law, an employer cannot fire you for making a claim. It is the reason why all employers must have employer’s liability insurance as set out in the Employers’ Liability (Compulsory Insurance) Act 1969.  NI Direct have outlined some steps that could be useful to those that have been unfairly dismissed:

• Keep copies of any letters, emails, and conversations;
• You could be able to claim Job Seekers  Allowance or Housing Benefit whilst searching for a new job role;
• You could get extra help with finding a job.

To discuss your accident at work employee rights further, get in touch with our team today.

Rights After An Accident At Work As An Agency Worker

As an agency worker, you might be wondering what legal rights you have after a workplace accident? Both temporary workers and agency workers could believe that they do not have the same legal rights as other employees, which isn’t the case. This misconception is primarily due to the fluctuation that is involved within agency and temp work.

Agency workers could be more prone to accidents in the workplace due to the lack of sufficient training when moving from position to position. But regardless of the type of contract you have and how regularly you change roles, you are protected by health and safety regulations. So if an employer has neglected their duty of care, you could have grounds to make a personal injury claim for compensation.

Reporting And Recording Of Your Accident At Work

If you have been injured at your place of work, you might be wondering what the correct accident at work procedure is? One of the first and most important steps to take is to report the accident to your employer. By law, all employers must have an accident book that officially documents all workplace-related incidents. Therefore, it is paramount that those who have been injured by the negligence of an employer record the incident in the accident workbook.

Once the details of the incident have been officially documented, it is recommended that you ask for a copy for yourself. If you were seriously injured and unable to perform this task, then you could ask someone you trust to do it for you. If an employer records a workplace incident inaccurately, then it could be recommended that you keep a documented recording of the incident and what led up to it.

For further information about the accident at work employee rights, give our expert team a call today.

Steps To Take If Injured In A Workplace Accident

If you have been injured at your place of work, then you might be wondering what steps you could take? Citizen’s Advice has provided some steps that could be extremely useful to those that have been injured by a negligent employer. They state that those who have been injured at their place of work should:

• Seek medical attention, if required;
• Take photographic evidence of the cause of the accident;
• Swap information with those that witnessed the incident;
• Make detailed notes about the incident;
• Report the incident to your place of work.

Those who have been injured by the negligence of a third party and wish to make a claim should be aware of factors such as the personal injury time limit. All personal injury claims are subject to a strict statutory time limit. This means that a claim must be made within 3 years of the date of the accident.

If a claim is not issued at this time, the courts may deem it time-barred, meaning you cannot claim. There are strict exceptions to the time limit, but they are granted only in exceptional circumstances. We, therefore, advise seeking legal advice as soon as possible. 

To discuss your accident at work employee rights further, get in touch with our team today.

How Victims Of Accidents At Work Could Claim Compensation

Here at Legal Helpline, we understand that the claims process could appear both daunting and complicated. After all, nobody prepares or expects to be injured by a negligent employer, so the claims process isn’t something many individuals might contemplate. But in the event an employer has neglected their duty of care, resulting in an injury, the affected individual could have grounds to claim compensation.

If you choose to work with Legal Helpline, then we could connect you to a specialist solicitor from our panel that is best suited to handle your type of claim. Our panel of solicitors have over 30 years of experience and know the ins and outs of the legal process. They will strive to achieve the maximum amount of compensation for you possible, and if at any time you have a query or would like an update on your case, they’ll be on hand to take your call.   

To discover whether or not our panel of solicitors could handle your potential claim, please contact a member of our team today.

Contact The Legal Helpline Team Today

If you wish to speak with a member of our team, there are several ways you can do so. Firstly, we have a phone line that is free to call, and our advisors are available 24 hours a day, 7 days a week. Our expert advisors are well informed with regards to personal injury law, which means they can offer free, no-obligation legal advice. Secondly, you could enquire online through our online form. Upon completion, a member of our team will review your submission and contact you.

• The number to call is 0333 000 0729.
• To enquire online, please click here.

Frequently Asked Questions (FAQ)

What are my rights if I have an accident at work?

You have a right to be properly compensated if you have an accident at work. You have a right to be properly compensated for your pain and suffering whether it be physical or psychological, and be reimbursed for any financial losses. If you need to take time off work because of your work accident illness or injury, you may be entitled to statutory sick pay.

Do I get paid if I get injured at work?

Your employer is required by law to pay you a portion of your salary while you are recovering from your work-related injury or illness. However, they will most likely not be paying this directly from the company’s funds.

Do I get full pay if I have an accident at work?

There is no legal requirement for an employee to be paid full pay by their employer when sickness absence is due to a workplace accident. This accounts for circumstances where there is normally no provision for full sick pay.

Thank you for reading our guide on accident at work employee rights.