21 Jun, 2023/ by National Accident Helpline /News
In the UK we are fortunate to have rigorous health and safety protocols in place to help prevent work accidents and avoid injuries in the workplace. But, accidents still happen at work. If you've been injured at work due to a lapse in health and safety, your employer could be held liable and you could claim compensation. If so, don't worry, your employer should have insurance to cover it.
Accident at work and employer responsibility
Any employer has responsibilities after an accident at work occurs, whether they are liable for it or not. There should be policies in place in the event an accident occurs, which must be accessible and known to all employees. This policy should detail the steps the company takes to handle an accident no matter the injury or incident.
Accidents should always be handled with professionalism and care. Accident reporting, risk assessments, sick pay, reasonable adjustments, and claims should all be actioned or reviewed by your employer in line with procedure and UK regulations. Your employer has the responsibility to maintain standards and uphold your employee rights whilst dealing with your accident.
Can I be sacked for having an accident at work?
Unless the accident was entirely your fault, according to the Employment Rights Act 1996, it is against the law for your employer to fire you for simply having an accident at work.
In general, your employer has to provide reasonable justification for a dismissal to be valid. Providing you weren't responsible for putting other employees or members of the public in danger, you are well within your rights to continue work as usual (if able to). If your work accident was caused by employer negligence and you've been fired, you may be able to claim unfair dismissal as well as your workplace injury.
To establish a case of unfair dismissal, you need to be able to prove that the accident was not caused by you. You can achieve this by gathering evidence to show that it was the negligence of your employer (or another employee) that led to the accident which caused your injury.
If you're unsure about your incident and want some guidance on employer liability/negligence, call our team on to speak to a friendly advisor who can talk things through with you.
What is employer's liability?
Employers' liability occurs when an employer is responsible for an accident, injury or illness suffered by an employee. Your employer can be held liable if they have been negligent in their duty of care towards you.
This basically means your accident, illness, or injury was not your fault, but theirs. And so, you could claim compensation from them. That's where employers' liability insurance comes in.
What does employer liability insurance cover?
All employers must have employers' liability insurance. This covers compensation payments and legal costs should an employee or ex-employee claim for a work-related illness/injury caused by employer negligence. Compensation is paid to make up for that employee's recovery costs such as medical bills and lost income.
Examples of work injuries and accidents that could warrant compensation include chemical burns/skin irritations due to insufficient PPE, falls from height due to faulty equipment supplied by the employer, manual handling or equipment injuries due to a lack of training, and many more.
Even though your claim is brought against your employer or former employer, it's actually paid by their insurance company. Their insurance covers the compensation payment and the legal costs of the claim.
Accident at work solicitors
If you're thinking of claiming for your work injuries, you'll need an accident at work solicitor to handle your case throughout the claims process. This is a type of personal injury lawyer with experience in workplace accidents.
It can be difficult to find the right lawyer. But, by claiming with National Accident Helpline, you'll be connected to our panel of expert solicitors experienced in accidents at work, who'll take care of everything.
Whether you're ready to start your claim, or you need some guidance and further information, we're on hand to help. Get in touch to talk through your accident today.
Last updated 21.06.23