First of all, you need to know what you are dealing with. With this in mind, let’s find out how a workplace accident is classified and categorised.
What is a workplace accident?
A workplace accident is an accident leading to personal injury whilst performing tasks that are in the line of duty or work-related. Most workplace accidents happen within the premises of the company, but the incident does not actually need to occur within workplace premises in order to qualify as a workplace accident – field operations or road traffic accidents also count as workplace accidents, provided they happened whilst you were performing your duties as stipulated in your work agreement. Common workplace accidents include:
- Injury from falling objects
- Injury caused by failing equipment or poorly maintained machinery
- Slipping, falling, or sliding
- Negligence of colleagues or management
- Assault at work
- Road traffic accidents whilst performing company tasks
- Injuries caused by lack of training
Proving negligence
It’s not enough to claim that you have been in an accident whilst performing the tasks prescribed by your job description – you also have to prove that you are not at fault and something went wrong beyond your control. In other words, you have to prove negligence of another party such as your employer (direct faulty action or faulty inaction such as failure to implement proper procedures) or your colleagues (acting in a wrong way or failing to act in the right way).
Direct action can cause injury – if a colleague drops a hammer on your foot, it is a work-related injury which can easily be proven to be their fault. However, negligence, or failing to take action, is also at the root of many injuries. Failing to place warning signs near slippery or wet ground, forgetting to mark sharp edges, or insufficiently providing proper warning for holes and dig-outs can all cause accidents – sometimes even fatal ones.
To be able to claim compensation for injury, you must be able to prove that it results from a direct action or failure to take action by the guilty party.
Resolving issues peacefully
Employers and management staff are usually very sympathetic with their employees in case of injury – employers are well aware that they have responsibility for the welfare and health of their employees on their shoulders. It is mandated by law.
What you should do is explain to your employer what happened and be ready to prove that the accident was caused by inaction or negligence by the guilty party. If there are any issues, first try to resolve them peacefully.
Seeking a solicitor’s advice
There is nothing wrong with seeking a solicitor’s advice; that’s what solicitors are for, anyway, and they may very well be able to give you insights into the situation neither you nor your employer have previously considered. Besides, just because you have consulted a solicitor does not mean you will bring the case immediately before a judge.
It should be said, however, that in case of dispute, consulting a solicitor is a must. Solicitors can prepare your case in an organised and logical manner in accordance with established procedures. Furthermore, the knowledge that you have acquired the services of a solicitor is often a good motivation for the guilty party to settle outside of court and grant you the compensation you deserve.
Nobody wants to be involved in workplace accidents, but unfortunately, we must all be aware of them and understand that it could happen to anyone. It’s important to know how to act properly and follow the necessary steps in order for you to claim the proper compensation. Furthermore, the right legal advice and assistance can become necessary as well – so you should always depend on experienced and established personal injury solicitors such as those from http://shireslaw.com.
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