Eligibility Criteria For An Accident At Work Claim


There are a lot of precautionary measures that your employer should take to provide you with a safe working environment. But still, accidents at the workplace are very common. There are a lot of ways in which you can get yourself injured at the workplace. Either it is a poisonous gas, working with glass or working on a construction site, you can get injured in any mishap. The injuries at the workplace range in severity. They range from minor cuts and lacerations to agonizing pain of broken bones. Sometimes, the injuries are so severe that they even result in the death of a worker.

Also Read: what to do after an accident at work

But you do not have to suffer if you were not negligent at the place of the accident. If you were taking care properly, and still suffer an injury, you may be entitled to get an accident at work claim. But a lot of people have no idea whether they are eligible to get compensation or not. Having that confusion in their minds, they keep on suffering from their injuries and they do not make a claim. Let us go step by step to know in detail about an accident at work claim.

What Exactly is an Accident at Work?

Getting injured while doing your job is known as an accident at work. Some other words used for an accident at work are work accident, workplace accident and occupational accident. According to a report by the International Labour Organization (ILO), more than 337 million people get injured on their jobs each year. More than 2.3 million people die because of work injuries and diseases. 

Who Is Responsible For the Workers Safety?

You need to understand the responsibility of your employer. If you know these responsibilities then you can make an accident at work claim in case your employer does not fulfil these requirements. Almost every company keeps their workers health and safety as their top priority. 

In England and Scotland, every employer must provide employees with a safe working environment. By law, the employer is responsible for the health and safety of all the people working in the company. So here are a few responsibilities of your employer, related to your health and safety.

  • It is your right to be provided with all the safety equipment that is required for you to complete your job.
  • The employer should carry risk assessments to make sure that the workers are ready to deal with any emergency.
  • Your employer should ensure that no worker gets harmed or receives an injury at the workplace.
  • You should be fully trained to do the job before you are assigned any task.
  • Your employer should ensure that you know how to operate the machinery you are working with.

Am I Eligible To Make an Accident at Work Claim?

If your employer does not fulfil the responsibilities that are mentioned above, your risk of getting injured at the workplace increases. In such cases, if you receive an injury at work, you are entitled to get an amount of accident at work claim. But to get your claim, you have to prove that the accident was caused due to the unsafe working environment. Thus, if you think that your employer is not fulfilling the rights that have caused you an injury, you can file your claim.

Time Limit To Make Your Claim?

After getting into an accident at work, you will not have a whole life to make your claim. There is a limited amount of time within which you can claim your right. There is a limit of three years after a workplace injury within which you can make your claim. This rule does not apply to minors. Chances are that you are under 18 years old when you have conceived a workplace injury. In such cases, you will be eligible to make your claim as soon as you turn 18. After that, you will have a time limit to make your claim until you turn 21. 

Types of Injuries I Can Claim For?

Despite that the eligibility criteria for making an accident at work claim is clear, a lot of people are still confused. They do not know what type of injury at work they are eligible to claim. In this way, they do not make their claim and remain deprived of their rights. So here are a few most common types of conditions in which, if you get injured, you will be eligible for the claim.

  • Slips, trips and falls
  • Working with a defective machinery
  • Working at high places without safety
  • Lack of training
  • Lack of safety equipment
  • Inhaling a poisonous gas
  • Stepping on nails
  • Fire or arson
  • Substandard safety measures
  • Getting hit by a heavy object in the head
  • Assault at work
  • Negligence of co-workers

If you are experiencing any type of injury caused by the above-mentioned working conditions, you should consult an injury claim specialist to make your claim.

Will I Lose My Job For Making a Claim?

The biggest fear while making an injury at work claim is about losing a job. A lot of workers are hesitant to claim because of the fear of losing a job. Thus, they keep on suffering from their injuries and do not get their due right. But a lot of people do not know that they can sue their employer for unfair dismissal if they get fired from their job for making a claim. As it is your right to claim your amount of compensation, your employer will not be able to sack you from the job. Thus, you can make your claim without any fear.

Do I Need an Injury Claim Specialist?

Filing a claim may seem simple. You may be thinking that you can easily get your claim by providing all the suitable information in the court. But that is not the case. There are a lot of factors that make it difficult to determine who is at fault. In such cases, you may not be able to prove your innocence and you may lose your amount of claim. Moreover, injury claim specialists are the experts in making an accident at work claim. They will handle all the formalities on your behalf. Thus, you should hire an expert injury claim specialist to pursue your case instead of taking it in your own hands.

Guidelines for Accident at Work Claim?

Despite providing all the essential safety equipment, workplace injuries are still very common. The risk of getting injured varies with the types of job. Some jobs possess a higher risk of getting injured than other jobs. Thousands of people get injured at work each year. But very few of them know the right steps to take after getting injured at work. Here are a few steps you need to take after getting injured at your workplace if you want to get your claim.

Notify Your Manager

After getting injured at the workplace, some people get scared and run away from the place of the accident. It is a huge mistake that can cost you very heavily. If you run away from the place of the accident, people may think that the accident was caused by your negligence. You should never run away from the place of the accident. Instead of that, you should inform your manager about your injury at work. Sometimes, the owner compensates you at the spot and you do not have to make your accident at work claim.

Never Admit Liability For The Accident

I know that getting into an accident at work can be confusing but never admit your fault regardless of any pressure. No matter what the situation is, never accept your fault for the accident. Moreover, do not sign any document that shows that the accident was caused due to your error. Accepting the fault seriously accepts your case. In such a case, it is highly unlikely that you may lose your amount of compensation.

Get A Medical Treatment

Workplace injuries are dangerous and they should never be taken lightly. If you do not take these injuries seriously, they can lead to infections and other long-term problems. That is the reason you should always receive proper treatment for your injury. Moreover, showing negligence in getting proper medication can affect your health and case very negatively. In severe cases, you may end up losing all your claim money you deserve to get. So you should never show carelessness in getting proper medication for your injury.

Contact the Eyewitnesses

Eyewitnesses play a key role in getting your amount of compensation. If you have a more witness in your case it strengthens your case and the chances of getting your claim increase significantly. If you see the witnesses at your place of accident, contact them immediately and get their details. In this way, you can contact them in the future whenever you need them in getting your accident at work claim.

Contact an Injury Claims Specialist

Proper and in-depth knowledge about claims management is necessary for getting Injury claims. If you do not have proper knowledge about claims management, you may lose your claim money. To avoid that situation, you should hire an injury claim specialist who can get your claim on your behalf. Hiring an injury claims specialist is necessary because he is an expert in getting claims on behalf of his clients and his expertise increases the chances of getting your claim money.

Also Read: What Are The Advantages of Working With a Probate Attorney?


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