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Can I Claim For An Accident At Work

June 14th, 2010

It is a well known act that more accidents occur in the workplace than anywhere else. Just under half of all accidents occur in the workplace now. It can be awkward for employees to pursue a claim against their employer as often repercussions are feared. Worries over repercussions should not deter people from claiming though as all employers have to have Employer’s Liability Insurance in order to cover them for events like this.

Often there is a crossover with negligence and liability with workplace accident cases. Laws are in place to state that employers must comply with both civil and criminal prosecutions.

The first thing to do when you are injured in a workplace accident and expect to be absent from work due to your injuries is to make sure you claim for statutory sick pay. If you remain of work for more than 28 weeks then you will need to claim for other entitlements such as incapacity benefits.

The accident should have been logged in your employer’s accident record book. An accident record is a requirement for all companies with ten or more staff members. If your employer does not have a record book then you must inform your employer of all aspects of the accident in writing.

To pursue a claim you must be able to prove that the employer is liable for your accident, through a failure to provide reasonable care or to prevent the accident from occurring. Employers have a duty to provide; a safe working environment, suitable equipment and training in how to use the equipment.

The employer must make sure that the people working for them are competent at what hey are doing and are not putting anyone at risk around them. If you have had an accident at work it is always a good idea to seek legal advice on what to do next.

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