WORK ACCIDENT COMPENSATION CLAIM SOLICITOR

Legal Claim UK deals with work accident compensation claims using the no win no fee scheme. Compensation is paid in full with no deductions. Win or lose there is no charge. Our lawyers are members the Solicitors Regulation Authority panel of personal injury experts. You will receive a complete professional service from lawyers who specialise in claiming compensation for personal injury caused as a result of an accident.

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Employers

The employee is surprisingly well protected by the law with numerous statutes in force not only from the UK Parliament but also from the EU which dictate and direct the standards that employers should attain, to ensure the health and safety of their operatives. Unfortunately not all employers conscientiously adhere to the standards expected of them. On some occasions this is as a result of negligence and at other times it is a deliberate or reckless disregard for the law with consideration only for profit. In either case injury caused as a result of breach of the rules entitles an employee to make a work accident compensation claim.

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Compulsory Insurance

Personal injury can be as a result of prolonged and repetitious acts, traumatic physical incidents or from being exposed to a hazardous environment including exposure to noxious substances. In almost every case, it will be possible for an employee to make a work accident compensation claim as there are very few occasions when an employer can escape liability, if an employee is injured whilst at work or is injured in the course of employment. All employers are required to insure against personal injury to employees and to display an Employer's Liability Insurance Certificate.

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Factory & Office

We deal with work accident compensation claims for injuries ranging from fractures and back strain through to repetitive strain injury, work related upper limb disorder, carpel tunnel syndrome, industrial deafness, tinnitus and Duprytren's contracture. We also have specialists who are able to deal with catastrophic injuries including spinal cord injury, brain damage and fatal accidents. Hazards causing injury not only occur in industrial situations and many office workers are injured every year as a result of their employers’ inadequacy. Employers are required by law to create a risk free work environment with the following essentials :-

• Employing capable and safety conscious employees
• Providing appropriate equipment and training to use it
• Providing a safe place to work – fire escape routes, adequate ventilation, decent lighting, clean workplace, sufficient floor area to work and adequate sanitary conveniences

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Negligence & Strict Liability

In most cases, in order to make a successful work accident compensation claim it is necessary to show that an employer has been negligent, by proving that the employer has failed to take reasonable care for the safety of his employees. There are however numerous protective statutes which dispense with the necessity to prove negligence and in certain circumstances an employer will be absolutely liable to pay compensation without the necessity to prove negligence. If the employee can show that his claim is one where there is ‘strict liability’ then the employer will have to settle the claim, without the opportunity of putting forward any potential defence. An experienced lawyer will take initial details and if there is any question about establishing liability he will consider not only the law of negligence but also a number of relevant statutes to see if ‘strict liability’ applies to the particular circumstances of the accident.

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Protective Statutes

The most frequently used regulations to establish liability in a work accident compensation claim include:

• Personal Protective Equipment at Work Regulations 1992 states that every employee shall be provided appropriate personal protection equipment and training on how to use it.
• Management of Health and Safety at Work Regulations 1992: stipulates that every employer has to perform risk assessments for all potentially hazardous procedures and thereafter take reasonable steps to reduce any risk to an acceptable level.
• Provision and Use of Work Equipment Regulations 1998 requires that equipment and machinery is kept in good working order and that adequate training is provided to employees to use them.
• Workplace (Health, Safety and Welfare) Regulations 1992: provides statutory standards for workplace facilities including ventilation and lighting, disposal of waste and the condition of floors, walkways and stairs. The employer is required to ensure that these facilities are maintained according to industry standards.

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Constructive Dismissal

There are circumstances whereby an employee perceives that he is in danger in advance of any accident which may cause personal injury. If an employer upon being advised of the danger does nothing to ensure compliance with the regulations to reduce risk as far as is reasonably possible, the employee can resign his post and may be able to claim compensation in the Employment Tribunal for ‘constructive dismissal’. Prior to resigning the position, an employee should take detailed advice from specialist employment solicitors.