If you’ve suffered an injury by an incident at work, it may be a stressful and confusing. Naturally, there’s the discomfort and the difficulties that result from your injuries, but they may also bring more worries, like how will my lifestyle and earning capacity be affected? What should I do?
In the following 12 points I’ve provided the clear, beneficial actions you can take following an injury at work. These steps are intended to assist you in recovering and to put you in the most favorable position should you choose to pursue the compensation you deserve for the accident on the job.
1. Make sure you are taking care of your well-being
This is probably one of the top things you must do.
Following the incident, you should be treated by the first-aid person at your workplace. If not, it could be a sign of a lack of care from your employer’s side since each workplace is legally required to maintain a first-aid kit and a designated initial aid person.
Then, you should seek an accurate examination of the injuries you sustained at work from a competent medical professional as soon as possible following the incident.
A few types of injuries might appear to be minor at first but can later turn to become more serious. Head injuries, for instance can take a long time and sometimes weeks to manifest. In the most severe cases, even a minor injury could turn into a chronic condition if not appropriate treatment.
The golden rule is that after an accident, do not place your job or any other aspect of a potential work injury claim over your own health and well-being.
2. Inform your manager
Your manager must be informed about the incident and follow the procedures for reporting accidents in your company.
If you’ve suffered an injury that is serious at work, the employer legally obligated to report the incident in writing to the Health and Safety Executive (depending on the exact situation and the length of time you are off from work).
Furthermore, in some organizations there is a chance that you may be violating the procedures and manuals for employees if you don’t report an accident at work in a timely manner.
The question of who’s responsible for the accident is better avoided at this point. Even if you are blaming yourself, or even if your boss blames you for the incident it does not mean that your employer isn’t legally responsible for what is taking place. The question of who is at fault should be determined by qualified lawyers who are experts in assessing the responsibility for workplace accidents.
3. Make sure your accident is written in the accident log
Every business must have an accident record book. Some employers might not want to document accidents in their accident log mostly due to the need to meet performance goals to decrease workplace injuries and accidents.
It is vital that you don’t allow accidents to be reported in this manner. While some companies may boast about the number of days when there hasn’t been any injuries however, don’t let that pressure you to allow an accident go unreported.
Notifying the accident is a vital obligation, and it could assist in preventing similar injuries from occurring.
If your employer does not want to report the incident in the accident logbook You should contact, or send an email to your employer, so you have written evidence of your attempt to document the incident. Employers cannot erase one of your messages in particular if it’s directly from your personal email account.
If your employer continues to refuse to enter the incident into the accident record This could be enough to cause you to resign and seek constructive dismissal. Before resigning, or taking another decision, you must consult an expert employment law lawyer. Resigning can be a significant move.
4. Inform your colleagues about the accident and request their assistance.
If you were working on your own during the time of the accident Make sure that your coworkers are aware that the event occurred. Particularly, inform the colleagues you most trust about the incident.
Informing your coworkers about the situation is a wise move for two reasons:
It is a way to prevent similar workplace injuries that could happen to everyone else.
It may aid in any investigation or should you decide to seek compensation.
The first one is obvious – it’s morally appropriate to warn others of the risks that caused your workplace injury.
This makes it much harder for your employer or insurers to argue that an accident took place and is unfortunately, does occur.
Additionally, depending on the severity of the severity of your injuries, it is possible to be out of work for a period of duration following the accident. In the moment following an accident when employers can modify equipment or workplace systems in response to the workplace accident you sustained. While this can be done to enhance safety, at times it can be used to cover up what occurred.
If your employer decides at this time to conduct investigations into the incident and your connection to the facts may be overlooked when you’re away.
It is essential to keep at heart that bosses could apply an enormous amount and pressure upon their workers. They might be able to convince more likable employees to deny that the incident occurred. This may sound like a disaster but the fact is, that making sure you have ‘bulletproof proof’ of the fact that an accident at work occurred and that it was a result of your work is the best way to keep your employer, or their insurance company from denial that the incident occurred.
This is the reason having trusted colleagues to help you is extremely beneficial. They will ensure that the truth about the event are documented and will keep you up-to-date regarding any changes your employer might make in the event of your absence.
5. Make sure you take photos and video of the evidence.
This is a follow-up to the earlier point regarding “bulletproof evidence”.
Photographs and videos of the location of the accident immediately after the incident as (safely) feasible, could be a convincing proof. This can help be used to support a claim for compensation, in the event that you decide later to pursue one, or assist you in defending yourself from false allegations your dishonourable employer could be able to make.
Following an accident at work, you need to behave as you are a Crime Scene Investigator!
Keep in mind that you cannot have enough evidence. Make sure that: in the event of doubt take a note. The solicitor who is investigating the accident will be able to criticize you for taking numerous photos and videos at the scene of the accident. This is the best thing you can do.
6. Visit your doctor and/or hospital whenever you feel like it.
It is possible that you have gone to see your GP or visited a hospital with your injuries. It is possible that you are recovering well. However, I would suggest that you visit your GP or the hospital at least as often as you can. Be aware of your body.
If, for instance that you sought only medical treatment once (at the moment of the accident) the majority of medical professionals are likely to conclude that the injuries you sustained only lasted a couple of months. This is because they believe that the injury that is causing severe, ongoing problems, then the person who was injured would need to seek medical treatment.
If the impression is not correct, the impression you make could damage your claim. Medical experts are the ones who decides on the degree of your workplace accident – on the basis of their medical opinion. This is not the personal injury lawyer or you. lawyer.
What newspapers and the government do not reveal is that If you win your work-related accident claim and you are able to prove it, all medical expenses incurred by NHS NHS will be covered by the liability insurance of your employer. Thus, the success of personal injury claims is beneficial for society.
7. Write down every symptom you notice
It’s difficult to emphasize how crucial it is for you to keep a current note of your symptoms whether in writing or on a computer or even on your phone.
The nurses and doctors don’t always take note of all the specifics about your ailments. We have heard repeatedly from our clients inform us that when they had their workplace accident they suffered numerous injuries, but the hospital was only concerned with those they considered to be the most severe at the moment.
However, as I’ve observed the passing of time is able to transform injuries upside down. What might appear to be the least tiny aspect of your work accident right after it occurred could turn into a chronic painful, debilitating illness – perhaps the most serious accident.
If a physician or nurse did not record this injury as minor at the time of your appointment and a medical professional who writes a report months or years later, will be unable to link the accident to the injuries you sustained at work.
Additionally personal injury lawsuits can require a lengthy time to settle especially those injuries that are serious and last for a long time. The memories naturally fade with time, and a journal of your symptoms can assist you in explaining the consequences of the accident to the doctor.
In the alternative, if you’re not interested in writing an account of your symptoms, you could film yourself talking about your symptoms.
8. Keep track of your losses and expenses
The goal of the purpose of compensation in an accident work case is to get you back in the same position you’d be in should the accident not happened. Every case is unique. If, for instance you were unable to pay your bills due to an accident, you must be able to recuperate the entire amount of pay lost. In the same way, if you missed the chance to get the bonus or get a promotion, then those future losses will be able to be recovered too.
In addition, you are able to typically claim for all types of losses. Some examples include:
The loss of enjoyment from an already-planned holiday
Assistance and care from family and friends (our Legal Library also contains an online form to aid you in recording this)
The cost of heating has increased
Cost of travel include e.g. to appointments with a doctor or therapy sessions
This list is just scratching the surface.
Note down the losses you suffer in the event of losses ensures you don’t lose track of the losses. Like we said the personal injury claim from accidents at work can take a while to resolve, therefore it’s important to write any losses or damages you’ve made payments in connection with the accident or injury while you’re at it. It doesn’t matter whether it’s on paper, on a laptop or smartphone Just record the loss so that you don’t overlook these out of your claim.
Proving your losses is crucial – therefore, keep any evidence to prove your losses. You can also take pictures of your receipts and then send them to the personal injury lawyer you have chosen.
9. Think about the possibility of submitting a grievance
Grievances are a form of complaint regarding an issue at your place of work.
If you’ve sustained an injury at work due to such things as defective equipment or a slippery floor or having to lift manually too heavy the weight, you are entitled to the right to file a claim with your employer regarding the incident. This is true even if there’s already had an investigation into an accident.
If the grievance you have submitted is well-written Your employer shouldn’t be able be able to use it against you. It could help improve the working the conditions at the workplace you work in.
However, it’s vital to be aware of your rights as an employee in the event that your employer fails to take the appropriate action to address your grievance. If your employer fails to take the proper steps to investigate your grievance and you decide to resign because of it, this could be grounds for a claim for constructive dismissal (though you should seek specific legal advice regarding employment before you making a decision to resign).
Additionally, if your employer does not treat you favorably due to your grievance You may be eligible to file a whistleblowing complaint under the employment law.
10. Submit Subject Access Request
Submitting a Subject Access request permits you to request copies of any information your employer holds regarding you. It includes any emails where you are mentioned as well as your occupational health and personnel documents.
As you might imagine, it could reveal details about the incident at work that might not have been communicated to you prior to the incident. If you want to know what data your employer holds about you, whether it’s simply out of curiosity or simply because you think it will aid in any future claim for compensation – the Subject Access Request could be extremely useful.
If you’re thinking of submitting Subject Access Requests to your employer, it is recommended that you do this before you file any claim based on an accident. The reason is that after the claim has been filed the employer may claim that they aren’t required to comply fully to the demand. The requirements for disclosure of details during the course of a personal injury lawsuit are more restrictive than the broader regulations in the Data Protection Act 2018 (which includes Subject access requests).
Learn more information about how to make Subject Access Requests via the Information Commissioner’s Office website. The Information Commissioner supervises the compliance of individuals of GDPR and the Data Protection Act 2018. Data Protection Act 2018 and GDPR.
11. Keep in mind that you are subject to an expiration date to file an claim.
If you’re thinking of filing a claim on behalf of the workplace injury you sustained It is important to keep in mind that you have only the time in which to make a claim.
For the majority of workplace injury cases, you’ll have to resolve the claim or start legal proceedings within three years from the time of the accident. If you fail to do so then, you could be barred from claiming damages for the accident.
This deadline can be extended quickly, so my advice is that If you’re unsure about a claim in any way get advice as quickly as you are able to.
12. Contact a specialist accident at work lawyer and not a call center operator
It is essential to ensure that all legal advice you receive comes from the top possible source. This means that you should seek out an expert personal injury lawyer with years of experience in settling successful workplace accident claims.
Since most work-related accident compensation claims are based on a ‘No Win No Fee’ model and the hourly rate that the lawyer typically charges is not an issue. So why should you hire the services of a paralegal instead of a certified specialist?
If you choose to file a claim, be sure you’re using legal representatives whom you are confident in. Most of the time, an insurance company or union will choose solicitors on your behalf, however it’s your decision and you have the right to select a firm of solicitors you can believe in.
Contact us today for a no-cost consultation that is free of pressure and with no commitment to go further.
