When employees get involved in accidents at work, one of the major concerns they have is “will I lose my job if I make a work accident claim?” There are thousands of employees who get involved in some sort of accidents at work every year which is not their fault, but majority of them do not consider putting up an accident claim. The main fear is that they might end up losing their jobs if they choose to go against the company.
Any person who has been involved in a work accident has the legal right to pursue a work accident claim. But, this is only true if the accident was caused by another person and if the accident occurred within the past three years. As an employee, you must know that if you have been hurt, your employer has insurance cover to pay compensation. By making a work accident claim, you are not demanding compensation directly from your employer, but from your employer’s insurers. Another thing is that it is illegal for an employer to dismiss you for making an accident claim against the company.
What To Do Following An Accident?
You must ensure that you report the accident to a person of authority and get the details noted in an accident book. You must seek medical attention and get your injuries documented. If possible, you must take photographs of the cause of the accident, for example, defective machinery, faulty equipment, missing safety features on machinery, etc. You must also seek legal advice as soon as possible following the accident.
Starting A Claim
When you get in touch with an experienced injury lawyer, you will be able to find out if you have a viable claim or not. If your claim has chances of success, your injury lawyer will send a letter of claim to your employer, which will then be passed on to your employer’s insurance company. The insurers will then investigate the case and will either accept liability or dispute the claim.
Your employer’s insurers will have a period of three months to send a reply to your injury lawyer.
Some injury claims are quite straightforward and it doesn’t take too long for the claim to be settled. But, sometimes, it is difficult to prove liability and this is when you may need to gather evidence and prove that your employer had breached health and safety regulations and failed to protect you from risks of dangers at work. Photographic evidence, medical evidence and witness accounts can help make your work accident claim stronger.