WORK ACCIDENT COMPENSATION SOLICITORS - INJURY CLAIM
LAWYER HELPLINE: ☎ 1800 352 100
Have you been injured at work?
Do you want to want to make a personal injury claim?
Are you looking for a work accident compensation solicitor?
Our work accident compensation solicitors use the no win no fee scheme and compensation is paid in full. If you would like advice with no further obligation from a specialist personal injury solicitor just use the helpline or complete and send the contact form.
The legal duty of an employer is to take reasonable steps to protect the health and safety of employees. An employer is required at law to provide a safe system of work. All employees must receive proper training and supervision. Employers must ensure that machinery and equipment isn't faulty and that premises are safe, from clutter and other potential dangers. If your employer does not do so and an accident happens causing personal injury then you will be entitled to instruct a work accident compensation solicitor to claim and your employer will be liable to pay damages for injury and loss.
Work Accident Compensation
The compensation component of a claim is also referred to as quantum or damages. It is generally comprised of two parts: General Damages (or compensation for your pain and suffering and loss of amenity) and Special Damages (or compensation for your loss of earnings and other direct financial losses):-
General Damages consist of items that cannot be calculated accurately and require a degree of assessment principal among which is compensation for the pain and suffering of any injury. The assessment of general damages for pain and suffering and loss of amenity is based broadly on the assessments made by trial judges of previously decided similar accident claims.
Special Damages consist of items that can be calculated accurately principal of which is usually wages loss or in cases of catastrophic injury is care.
- the nature and severity of your personal injury
- whether your symptoms are ongoing
- your age
- your leisure activities
- loss of enjoyment of life
- loss of life expectancy
- compensation for handicap on the open labour market
- your occupation
- extent to which you are able to return to your pre-accident work
If as a result of your accident you have had to take time off work to recover or to receive medical treatment, then the likelihood is that your work accident compensation solicitors will claim for your loss of earnings. If your injury is permanent preventing you from ever working again, then you will be compensated for future income loss which is the earnings that you would have achieved, but for your accident.
Another type of special damage is a gratuitous domestic assistance claim. If your injuries prevent you from undertaking household chores that you were able to do pre-accident, such as gardening, using a vacuum cleaner, painting and are no longer able to carry out and instead your family or friends are carrying out these tasks for you, then you will be compensated for their time.
Work accident compensation solicitors are not automatically entitled to make a personal injury claim just because you have had an accident. To be able to obtain compensation you must succeed in proving that the accident was the result of somebody else's fault (or in legal terms negligence).
In proving negligence, work accident compensation solicitors must be able to answer yes to everyone of these questions:
Did the other party owe you a duty of care (in the legal sense)?
- A duty of care is essentially that one should avoid acts or omissions that are likely to result in harm to another person. It is generally established for example, that an employer has a duty of care to an employee to minimise the risk of harm that may be caused by use of dangerous machinery or hazardous chemicals.
Did that party breach their duty of care?
- Proving breach generally involves showing that your injury could have been avoided, had the person who owed you a duty of care taken the appropriate steps to prevent or minimise the risk of your injury occurring. The risk must be one that is real and foreseeable. Examples where a breach may be said to have occurred include :-
- tripping and falling at work because the premises were kept untidy or were slippery and therefore unsafe.
- an amputation, dislocation or fracture injury at work because the machinery was unsafe, lacked guards, or was not properly maintained.
- chemical burns at work because proper protective clothing had not been provided.
Did you suffer damage (injuries, disabilities, loss) as a result of that breach?
- Even if you were partly responsible for your injury at work, then you may still be able to make a work accident claim. Contributory negligence is the legal term used when the injured person was partly to blame for their injury. If a court finds, for example, that you were 30% to blame for your injury, then the value of your compensation claim will be reduced by 30%.
Common work injuries, illnesses and diseases which may lead to legal action for damages by a work accident compensation solicitor include:
- broken bones (fractures of thumbs, toes, fingers, arms, legs)
- amputation (loss of a limb)
- dislocation (of shoulder, knee, elbow, hip)
- spine Injury
- brain Injury
- loss of sight (partial or complete; temporary or permanent)
- penetrating injures (sharp objects)
- electric shock
- exposure to harmful, toxic substances or biological agents
- skin disease - occupational dermatitis, skin cancer, oil folliculitis
- infections - hepatitis, tuberculosis, tetanus, anthrax.
- musculoskeletal disorders
- sprains and strains
- repetitive strain injury
- stress, anxiety, mental illness
- decompression illness
- lung disease - occupational asthma, asbestosis, pneumoconiosis, mesothelioma, byssinossis.
Accident at Work
There are many types of accident that can give rise to a successful work injury compensation claim including?
- explosion, collapse or bursting of a closed container
- faulty equipment or machinery
- collapse, falling or overturning of equipment
- plant or equipment coming into contact with overhead power lines
- electrical short circuit or overload causing fire or explosion
- release of a biological agent likely to cause severe human illness
- collapse or partial collapse of a scaffold, and many more.
- collapse of a structure under construction in a place of work
- using unsafe or defective equipment, machinery, vehicles
- lifting, handling, carrying heavy objects
- lack of proper clothing or equipment
- careless co-workers who cause you injury
- inadequate training and supervision
- dangerous premises; slips, trips and falls
- inadequate safety procedures
- exposure to fire or explosion
- electrocution, drowning, asphyxiation - unsafe system of work
Your employer's responsibilities also extend beyond your physical environment. They should also ensure that workloads and working hours are such that you do not become at risk of stress or stress-related illnesses. With increasing workloads, stress-related illnesses are becoming increasingly common. Stress-related illnesses include anxiety and depression.
Lack of regular breaks can also result in repetitive strain injuries. Repetitive strain injuries such as carpal tunnel syndrome are common amongst typists and other office workers. Employers should ensure that work stations do not present posture or related health risks.
An employer has a duty to take reasonable care for the health and safety of employees. This duty arises through common law (which is law made by judges over many years) and through occupational health and safety legislation. Health and Safety is now a very broad topic and requires advice from work accident compensation solicitors to ensure that cases that should succeed are not rejected as untenable.
Your employer must ensure that:
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- Premises in which you work are safe.
- Not only does the physical fabric of the property need to be in a good state of repair and compliant with building regulations but also the environment within which work is carried out must also be safe which means that the interior of the property should be clean and clear of debris or waste products, that walkways and stairs are not obstructed and that floors are generally not wet or slippery.
- Equipment used in performing your job is suitable and safe.
- In addition to ensuring that the right equipment is provided and used for any particular task this requirement demands an ongoing inspection regime to identify risk in advance of an accident. Machinery and tools should be properly inspected and kept adequately maintained. Safety equipment should be used and any worker who refuses to use safety equipment for his own or others protection should be warned and if appropriate ultimately dismissed.
- Co-workers are well trained and competent.
- This is a strict requirement and is of particular importance in regards to new equipment or new members of staff. An employer has a duty of care to ensure that staff carry out their work in a safe manner, not putting other employees at risk. Employers should ensure that training is given to new, inexperienced employees and those from non-English speaking background, to ensure that they can carry out their duties safely. If an accident is the fault of a co-worker then the management or owner of the business is ultimately held responsible for any personal injury caused by that co-workers negligence.