The following article was by My Compensation’s Jim Loxley. My Compensation is a trusted personal injury claims firm based in London.
If you sustained a personal injury in the workplace, it’s very common for a personal injury compensation case to be considered. My Compensation takes these types of calls daily. This course of action raises a few questions, and so we have written this article in order to try and help answer some of the more common ones, and explain why a personal injury compensation claim should, in fact, always be considered in the workplace. First, let’s take a look at what responsibilities your employer has.
What is my employer liable responsible for?
Your employer must take a note of and keep records of any personal injuries which are sustained during the course of work. This includes, but is not limited to:
- Death which happened in the workplace
- Any serious personal injury sustained
- Any diagnosed cases of industrial disease of any kind
- Any dangerous occurrences such as near-misses which involve heavy equipment, explosions or biological agents
The different types of injuries which must be noted include
- Broken or fractured bones
- Any instances of unconsciousness
- Instances of resuscitation
- Hospital admittance
- Any injury which would stop a claimant from doing work for seven days or more
- Any serious sprain or cut to the skin
Furthermore, employers must comply with the rules and regulations which are set out by the Health and Safety executive. Should anything terrible happen in the place of work, it’s a member of the Health and Safety executive department who will head an investigation to see that regulations were being met.
Could My Workplace Personal Injury Have Been Avoided?
One of the first questions that need answering before starting your compensation claim is: was the personal injury avoidable? Avoidability can be a tricky subject so let’s look at a recent personal injury compensation claim. One day, an employee was walking along an office floor and there was a carpet tile upturned at the corner. The employee tripped on it and broke their arm. Someone might argue that the person should have been looking where they were going and so the accident was avoidable. However, this is not the case in the eyes of the law. The employer has a duty to ensure that the environment in which their employees work is safe and so, in this instance, the fault would lie with the employer for not ensuring the walking surfaces were safe and the personal injury compensation claim was won.
Psychological Ramifications of Workplaces Injuries
The issue of psychological damages is another one which often comes up. The workplace should be seen as somewhere safe, without any psychological trauma attached to it. If you suffered a personal injury in the workplace, especially if it was a traumatising one involving heavy machinery for example, then it will likely be hard for you to feel comfortable there after the personal injury compensation claim. It’s important also to take into consideration the fact that this would have an effect on your long-term career. This discomfort could seriously inhibit progress within the hierarchy structure of your workplace. Such negative associations with personal injury would ultimately affect your salary potential. Psychological trauma is also taken into consideration when making your personal injury compensation claim.
Another reason why it can be important to initiate the personal injury compensation claim against your workplace is that it will force the employer to rethink their safety procedures, making a safer environment for everyone that works there. This is especially important for you if you do, in fact, wish to maintain your position at the company. If we lived in a perfect world then employers would always go out of their way to ensure the safest possible conditions. As this is sadly not the case, a personal injury compensation claim against the employer would force them to reconsider their policy and act diligently.