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The law says that your employer is responsible for your safety while you are at work. You have an obligation to look after yourself as well in a general sense, but your employer has to comply with a number of very specific, legal requirements.
And if you can show that they broke one of those laws or were negligent and were therefore somehow to blame for your accident (or disease), then you may be able to claim compensation from them.
As soon as possible. In most accident cases, when you are usually aware of the injury straight away, you must make your claim within three years from the date of the accident. If the injury turns out to be more serious than you first thought, the courts will not extend the time period if you knew that you had hurt yourself at the time.
The time period is the same for the development of a disease but, for obvious reasons, it can be more difficult to know when the three year period starts. It’s worth knowing that, as far as the courts are concerned, it may start before you get a firm diagnosis from a doctor as they expect you to have been curious about your own symptoms.
You can only claim compensation from your
employer if you can show that it was more
likely than not that your employer was to blame.
This is called the “balance of probabilities.”
You can prove fault either by showing that
your employer breached a “common law duty”
(negligence) or a statutory duty (an actual law).
To get compensation for an accident, you have to prove that::
• Your employer owed you a “duty of care”
• They breached the duty of care
• The breach of that duty resulted in your injury
The first stage is not a problem as it is well established in law that employers owe their workers a duty to take reasonable care.
The court will then ask whether your employer did everything that was reasonable in the circumstances to keep you safe. This includes looking at how they dealt with any risks they could reasonably foresee.
This does not mean that employers have to remove every foreseeable risk. They just have to deal with any risks that are likely to arise and might cause serious injury. It follows therefore that they don’t have to do anything about very minor risks.
You then have to show “causation”. In other words, that your employer’s breach of duty caused your injury. You won’t win if your injury was caused by something else, even if your employer was in breach of a duty to you.
These cases tend to be more difficult than accident cases. In order to win compensation, you have to prove:
• That you are suffering from a disease
• That your work posed a real risk of causing the disease and your
employer knew (or ought to have known) that you had been
exposed to that risk
• That, as there was a foreseeable risk, your employer failed to take
reasonable steps to prevent or reduce the risk of you suffering from
the disease
• That your disease was caused by, or materially contributed to,
your work and your employer’s breach of duty
Mr Craig Lewis, a premises worker for Lewisham Council, secured over £12,000 in damages following an accident at work which left him with long term back injuries.
Mr Lewis, from Bromley, Kent, worked as a premises officer for Lewisham Council. On the day of the accident in September 2004, Mr Lewis had set up a media room for a conference and was waiting for someone to arrive so he could show them how to use the equipment. He sat in a colleague’s chair and leant against the backrest in the normal way. The spine of the backrest snapped causing him to suddenly fall backwards. The broken spine of the chair impacted with his spine.
He explained: “Following the accident, I was off work over 3 months; I couldn’t walk. At first I didn’t appreciate how serious the injury was. I had no idea who to turn to, but then I spoke to my union rep. He introduced me to Thompsons so I could take advantage of the free legal help scheme. I’m so glad I did!”
“Thompsons were so professional and patient with me. I have no experience of the law so it was very daunting. They listened to me all the way through and were fantastic. Following an MRI scan in October last year, I’ve been told that I have “mechanical” back – a condition which is likely to be problematic in the long term, but especially if I carry on doing work that involves lifting and carrying. From the start, Thompsons pressed for the right level of compensation, which included getting the right medical evidence to support my claim. I can’t recommend them highly enough.”
Mr Mark Stewart, who worked as a fabricator for Magna Kansei in Sunderland, secured substantial damages following an accident at work which has left him with long term knee injuries. His accident resulted in a ruptured knee ligament which affected his future working capacity.
Mr Stewart explained: “Sadly the accident has really impacted on the kind of work I can now do as I have difficulty with heavy duties that involve lifting, pushing, pulling or carrying. The surgeons also said that I might need a total knee replacement in around 20 years’ time. Although a number of new positions are available at Magna Kansei, I’m not really suitable as I’m under qualified.”
“I waited 3 years before I made a claim but I’m so pleased that I eventually did. Thompsons were fantastic and so professional. They kept me well informed and answered all my questions. From the start, Thompsons pressed for the right level of compensation, which included getting the right medical evidence to support my claim. They were persistent until the very end; my case was actually settled on the court room steps on the day of my trial!”
“I’ve now been awarded substantial damages which I’m really pleased with, bearing in mind the insurers first offer to settle was for just £9,500. This will help to secure my future.”
Mrs Adele Dodd was working as a secretary for Mersey Care NHS Trust in Liverpool at the time of the accident in July 2003.
She explained: “I was trying to push a rotating filing system, which had been recently installed; I injured my back when the system jammed. I was 52 and was sadly dismissed on ill health grounds. I still had dependent children so I was very concerned about being able to pay for their education. I also loved my job so it was a big disappointment to have to leave.”
“I’ve been a union member all my life and it was my union that put me in touch with Thompsons Solicitors. Before speaking to them I was very nervous, as the whole process seemed quite daunting. I needn’t have worried as they guided me through it from start to finish. They were so professional and helpful and are always there to answer my queries.”
“With their support my case settled out of court and I received £70,000 damages, which will help to safeguard my future. I cannot thank Thompsons and my union enough. I wouldn’t hesitate to recommend them to others!”