Six Key Considerations When Bringing A Claim Against Your Employer if you have Suffered an Accident at Work.
1. Report the accident as soon as you can.
Complete the accident report book in your workplace or, if your injuries are too serious for this, see if someone else can do this on your behalf. If your employer doesn’t have an accident book then write down the relevant details setting out exactly what happened. Remember to keep a copy of your account before sending this to your employer. I cannot stress enough that your accident account is a crucial piece of evidence in the context of your claim - make sure that you are entirely happy with the account (and don’t sign anything unless you are!)
2. Take down all witness details.
It is really important that you keep a record of the names, addresses and contact numbers for all witnesses. Your legal advisor will then be able to interview these people and form a full picture of the circumstances of the accident and hopefully gain a good grasp of the reason(s) for your accident.
3. Medical Advice.
Even if your injury is not so serious it is in your best interests to visit your doctor. A consultation with your doctor will help you to manage your symptoms and by visiting your doctor an accurate medical record will be made covering the circumstances of the accident and the exact nature and extent of your injuries. The defendant, further down the line, may try to challenge the extent of your injuries and having an ongoing account contained within the medical records will ensure that any challenge can be dealt with effectively.
4. Photographic Evidence.
If possible see if you can obtain photographs showing the area where you were injured and any defect that may have caused your accident. Facilities for a site inspection are often requested so that solicitors and, where necessary, consulting engineers, can visit the accident location to assess the claim. Our first letter to your employer will specifically require them to preserve and retain the accident location but if you are able to organise early photographs this will be a good starting point to help us assess liability.
5. What about any previous similar accidents?
If you know, or can find out through colleagues, about any other earlier accidents that have happened in similar circumstances then this sort of evidence can be invaluable. If your employer has failed to address safety issues following a previous similar accident then the court is likely to take a very dim view indeed.
6. Financial Considerations.
If you are off work and not receiving your ordinary salary it will be a very worrying time for you. Whether your employer is obliged to pay you in full or partially during your absence will depend upon your contractual terms. The minimum requirement, if you do not have a contractual right to earnings during your absence, is for your employer to pay SSP (Statutory Sick Pay) but even here there are rules governing eligibility. Generally though most employees are eligible. You should also register your accident as an industrial injury with the DWP (Department for Work and Pensions). There is a form that you can obtain from the DWP and this will stand you in good stead if you are eligible to claim benefits for example Disablement Benefit.
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