INDUSTRIAL  ACCIDENTS AND INJURIES

Who is responsible for Health and Safety at work?

Your employer has to carry out a risk assessment and do what is needed to take care of the health and safety of employees and visitors. This includes deciding how many first aiders are needed, as well as what kind of first aid equipment and facilities should be provided. First aiders have no statutory right to extra pay, but some employers do offer this. Employees must also take reasonable care over their own health and safety.

Should I report accidents?

When you have an accident at work, however trivial it may seem, then you (or someone at work acting on your behalf) should immediately report the matter to your employer or someone in authority. Make sure the details are properly recorded in the company’s Accident Book. If you do not report the accident straight away, it may be difficult for you to claim for it later on. When reporting an accident, stick to the facts, explaining what happened from your perspective and giving the names of anyone who may have witnessed the accident.

If your accident is sufficiently serious, your employer should notify the Health and Safety Executive as they may wish to investigate the matter further. You should also make an appointment to see your GP or visit the hospital, providing a full history of how you sustained your injury.

If you think that the accident might affect your health, either now or in the future, then you should contact your local Regional Jobcentre Plus Disablement Benefit office. The staff will advise you how to apply for a decision that it was an industrial accident. This is not a claim for benefit but the decision will then be recorded in case you need to apply for Industrial Injuries Disablement benefit in the future.

Will I get sick pay?

In most cases, if you need time off because of an accident at work. You may be able to get sick pay, but this will depend on your earnings and your situation. You can’t claim SSP for the first 3 days, but after that you can claim SSP for up to 28 weeks. Your employer may have a scheme for paying more for time off caused by accidents, or may decide to pay extra depending on what has happened.

Can I claim compensation?

If your employer is responsible for your incapacity, you have a legal right to make a personal injury claim. This applies to a physical injury sustained at work or a psychological injury, like stress.

You should speak to a lawyer or trade union representative if you are considering this, see ‘Useful Contacts/Organisations Section’. Any claim must be made within three years of the date of the accident, and you will normally need a solicitor to represent you. (In some cases, a court may extend this time limit, depending on the circumstances).

If you are considering legal action against your employer, you should remember that the aim of legal damages is to put you in the financial position you would have been in had the accident not occurred. It is likely that you will have to pay some court costs and legal fees; you should ascertain what these are likely to be before you commit to legal action.

Do I have any employment rights after an accident?

If you remain employed after an accident, then you may continue to be protected by Employment Law. If your employer dismisses you after an accident without warning because you have been unable to return to work then, if you have more than two-year’s continuous service with that employer on or after the 6th April 2012 (before 6th April 2012 the qualifying period is normally one years’ service), you may be able to claim unfair dismissal.

You can read more about Employment Rights and what is meant by ‘unfair dismissal’ at: www.gov.uk (check section headed Working, jobs and pensions). If you suffer from an ongoing disability your employer may be obliged to make reasonable adjustments (see section on Equality).

What about employer’s liability?

The law requires most employers (with the exception of some very small firms) to insure against liability for injury or disease to employees arising out of their employment. Employers must have Employers’ Liability Insurance and keep the insurance certificate on display where it can easily be read by staff.

The insurance policy that is called upon to make the claim is the one that was in force at the time of the accident or injury.

What if I am self-employed?

Benefits may not be payable if you were self-employed when the accident happened.

Where can I get advice?

If you are injured at work, then you may want to seek expert advice, possibly from your trade union if you are a member, or from a solicitor. Whilst many solicitors may have some experience of industrial injury and accident claims, it is essential to consult one who specialises in this type of work.

Most will be glad to take a free initial look at your case, advise you on the chances of making a successful claim for compensation and outline how your claim could be presented.

Can I get financial help to make a claim?

Legal aid is no longer available for adults making a personal injury claim against their employer. However, many solicitors take on personal injury claims on a “no win, no fee” basis. You will probably have to make a contribution to your legal fees from any compensation you recover. You may also be recommended to take out an insurance policy on a similar basis to cover expenses if you lose. If a solicitor offers to represent you on a “no win, no fee”, ensure you understand the arrangement fully.

The widest recognised accreditation scheme for specialist personal injury lawyers is run by the Association of Personal Injury Lawyers.

Some lawyers may also be members of the Law Society Personal Injury Panel or be part of the Personal Injury Accreditation Scheme of the Solicitors Regulation Authority (SRA). Some, but not all law firms specialising in personal injury compensation also handle industrial disease claims. They too will normally work on a “no win, no fee” basis. Again, if successful you would probably be expected to contribute to legal fees and any claims insurance out of any compensation they obtain for you (unless you have mesothelioma).

These sorts of claims can be quite complicated and require an experienced specialist. The Association of Personal Injury Lawyers maintain the only nationally recognised list of accredited Occupational Disease and Asbestos Disease Specialists. (See www. apil.org.uk/injury-lawyers/ occupational-disease-lawyer. You can find there an accredited disease specialist in your area