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Industrial accident claims

In the UK, all employers have a legal obligation to ensure that the health and safety of anyone who either works at (employees) or visits (suppliers, customers) their premises is not compromised. The Health and Safety at Work etc. Act (1974) (www.legislation.gov.uk/ukpga/1974/37) is the piece of legislation that outlines an employer’s responsibilities for the wellbeing of people while at work. If you feel you feel you have been unjustly injured at work and your employer is to blame, you could be entitled to some form of compensation.

Your Rights & Responsibilities

As an employee, you have rights to protect your own safety and that of your colleagues. The most significant rights include that; any safety equipment must be provided for free, you must stop working if you feel concerned about your safety, any risks related to safety must be properly controlled, to have rests during the day, to have an annual holiday, and to inform your employer of any health and safety concerns you have. Your primary responsibilities include; taking care of your own safety and not being negligent, to avoid wearing loose clothing that, and reporting injuries you may incur. For further information, see http://www.direct.gov.uk/en/Employment/HealthAndSafetyAtWork/DG_4016683.

Making A Claim: Who’s to Blame?

If you feel your employer has neglected their responsibilities to take care of you in the workplace and, as a result, you have been injured, you should begin to consider making a claim. Examples of such injuries can range from simply tripping over a cable to slipping on a wet floor. Claims must be made within 3 years of the initial occurrence of the accident, with the exception of certain conditions where a substance has caused the injury and only manifests after a longer period of time, such as asbestos poisoning.

Whether or not you are sure or unsure about if you are entitled to compensation, your first course of action should be to seek legal advice.

Financial Outcome

If your claim is successful, the amount of money you may receive can vary greatly, from hundreds to millions of pounds Since individual cases are very specific in details and recovery timeframes can be hard to establish, it is hard to put an exact figure on how much can be won, but we can  give you some kind of an estimate.

In general, the level of negligence demonstrated by an employer and the significance of the injury caused as a result of that negligence play a large factor in any kind of settlement. It is important to realise that filing a claim against your employer to receive compensation is not for the purpose of receiving a lump sum payout and making ‘easy money’, but instead to help you obtain the money you would have gained had the incident not occurred in the first place, for example, if you cannot work for 5 years after your injury, you should be expect to receive at the very minimum 5 years worth of your salary as part of your settlement.

Industrial Injuries Disablement Benefit

If you have successfully filed a claim against your employer and you are out of work as a result of your injury, you may be entitled to claim Industrial Injuries Disablement Benefit. A person’s eligibility depends on whether they were in employment when the injury occurred and it must have taken place in England, Scotland, or Wales. Injuries occurring while self-employed are not eligible.

The amount an individual may receive varies depending on the severity of their disablement and their age, that is, the more severe disabilities will receive more of an allowance.

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