Being injured in an accident can cause stress and worry, it only gets more daunting if the accident has taken place at work.
It can be overwhelming on what to do next as you struggle physically and possibly financially due to your sustained injuries. However, it is important to understand that your employer legally has a duty to ensure the safety of their employees. Your employer is under a duty to take reasonable care and are required to assess the potential risk of injury and put safety precautions in place in the workplace. If an accident has been caused by an employee, they may also be held vicariously liable for the actions of their employee. Typically, your employer will be covered for such accidents under employer’s liability insurance.
What will I need to prove?
In order to be successful in your claim, you will need to prove your employer was negligent and failed in their duties to keep you reasonably safe from harm.
What should I do next?
Following any accident at work it is important to:
- Attend hospital/GP for your injuries to be assessed and appropriate treatment to be provided. Your health and recovery is the main priority.
- Report the accident. Ensure a clear and detailed record of the accident is reported to your supervisor and recorded in your company’s accident book.
- Write down a detailed note of the accident, details of witnesses and injuries sustained. It can be a confusing time and it is easy to forget the precise details of an accident with the passage of time.
- Obtain names and contact details for any witnesses to the accident.
- Take photos/videos of the accident location and anything involved.
- Record any losses and expenses – e.g. care and assistance during recovery period and travel expenses for medical appointments.
Is there a limited period of time to make a claim?
In short, yes. If you wish to make a personal injury claim, you have 3 years from the date of the accident to commence proceedings in the Courts. Therefore, time is of the essence if you wish to pursue a claim.
Who should I speak with?
If you have suffered a physical injury and potentially a financial loss it is important to seek specialist legal advice to understand your position and rights to compensation.