Accidents are unfortunately unpredictable, and we can’t always know how or when we could get hurt. However, if you’ve suffered an injury because of negligence or avoidable safety failings, then you could claim compensation for your sufferings.
What should I do after I’ve sustained an injury or had an accident?
When putting together the evidence to support an accident at work claim, there are a few things that can help you to prove your case. It is often wise to complete a number of methodical steps to gather all of the facts together. You should:
- Make your own personal notes about your accident as soon as possible to make the situation as clear as you possibly can
- Take photographs to accompany your notes and show what it was that caused your accident
- Ask anyone who was a witness to your accident to record a statement of what they saw
- Take the contact details of any witnesses to your accident so you can later contact them if you need any more clarification
- Take photos of any injuries that you have sustained in your accident
Often, it can be very traumatic to be involved in an accident, and it can be unreasonable to expect someone to be able to carry out all of these steps. However, it is legally required for all workplaces to record all accidents that happen on site, so there should be something that can be referred back to at a later date. This will also serve to prove that your employer was definitely aware of the accident before any legal proceedings commenced.
What should my employer do?
There is a time limit on the personal injury claim settlement process, so it is always best to act quickly. In personal injury claims, you must make a claim within 3 years of the accident.
In any workplace, there is a law that means that your employer has a duty of care that they must fulfil for you. This means that anyone who enters the workplace has to be reasonably protected from any harm that may befall them. In order to achieve this aim, a number of things must be done. These things include:
- Giving all employees information about the risks that are in their workplace and how they are protected, in addition to instructing and providing training on how to avoid them.
- Consulting employees on health and safety issues. This can be a direct consultation or conducted through a safety representative who has been elected by the workforce or appointed by the trade union.
- Carrying out regular risk assessments that address all potential causes of harm in the workplace.
If it can be proven that your employer did not follow the correct safety procedures, then you can likely make a claim against them.
Long-term work related injuries
Personal injuries generally tend to relate to one instance of trauma. However, if you have suffered from an injury that is the result of long-term safety negligence, then you may be able to make a claim under a different section of the law. Claims of this kind are known as industrial disease claims.
If you are in the Greater Manchester area and need help with an accident or an injury that you have suffered from in your workplace, then solicitors Blackburn can likely help. Get in touch with specialists and allow them to guide you easily though the process.