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An accident at work claim has possibly crossed your mind at some point, and rightfully so; every year, thousands of hard-working individuals are left injured or disabled due to unsafe workplace conditions, who do exactly the same.
An injury at work can strike out of nowhere, leaving you jobless and wondering how and why it happened. Any job, regardless of the industry or position you're in, has its own unique dangers, whether they're heavy machinery or undue stress at the office; these hazardous conditions can leave you unable to re-enter the workforce, left to rely on small compensation payments that barely make ends meet.
Understand Your Rights! Laws To Protect Workers
As an employee, it is your right to work in a safe environment. Unfortunately, many workplaces fail to meet safety standards, without your knowledge. Once injured, some workplaces will attempt to cover-up the facts or blame the injured for his/her 'incompetence', which is rarely the case. Accidents do occur...
Don't allow the facts of your suffering to be twisted to make you look like the bad guy, take charge, understand your rights, and make your employer financially responsible for the suffering that has been inflicted upon you.
You Gave 100% At Work
When working, you provided your employer with dedication and hard work, making the business a better place. Now that you're hurt and unable to work, you feel as if you've been swept out the door and quickly forgotten. It seems as if your employer is merely worried about saving money rather than being a helping aid in your time of need, and on top of all that, it's their fault.
Filing a workplace injury claim is your best bet for receiving the fair compensation that you deserve, not just any billboard accident solicitor. Choosing a specialised solicitor for workplace accidents is an important step in the process.
Who Can Get Me The Compensation I Deserve?
Many people who are injured on the job feel confused and don't know where to turn. They know the company is responsible for their pain, yet don't know how to make them fully responsible for their negligence. Filing a successful accident at work claim will help bring the crucial turn-around that you've been waiting for since the injury.
Remember, that not any accident solicitor will do; you need someone who truly understands workplace injuries and understands the suffering that is confronting you on a daily basis.
Make sure your solicitor understands the labour law and the situation you were in when injured. With a caring and trustworthy solicitor that you feel comfortable with by your side, your accident at work will have a much greater chance of maximising the outcome that you deserve.
With a solicitor that cares and understands your pain representing you for your injury claim, can also rebuild your confidence and power that was taken away from you.
While money will not fix everything, or take away all the suffering, but a successful compensation claim should be a critical step in taking control of your life again.
There is, on the other hand, a bonus for the employer... it helps them to amend or adjust the workplace to be more accident-free in the future.
It's unlawful for an employer to treat you differently from others because of your sex because you are married, or if you've had, are having or are going to have gender reassignment. Find out about your rights and what to do if you feel you're being discriminated against.
What is Sex Discrimination?
Equal opportunities laws aim to create a 'level playing field' so that people are employed, paid, trained and promoted only because of their skills, abilities and how they do their job.
Under the 1975 Sex Discrimination Act, it's unlawful for an employer to discriminate against you because of your sex or because you are married. It's also unlawful to discriminate against you because you've had, are having or intend to have, gender reassignment. This means someone, supervised by a doctor, who changes their gender.
The discrimination can be 'direct' or 'indirect', deliberate or accidental. If someone is disadvantaged at work because of their sex, marital status or gender, it is unlawful, and the employer should stop the discrimination.
Sex discrimination laws cover almost all workers (men and women) and all types of organisation in the UK.
Equal pay - The 1970 Equal Pay Act makes it unlawful for employers to discriminate between men and women in terms of their pay and conditions where they are doing the same or similar work; work rated as equivalent in a job evaluation study by the employer; or work of equal value.
Different kinds of sex discrimination
Sex discrimination at work is unlawful in all parts of employment. The law covers recruitment, terms and conditions, pay and benefits, status, training, promotion and transfer opportunities, right through to redundancy and dismissal.
However, in some cases, a job can be offered to someone of a particular sex, because of what is called a 'genuine occupational qualification'.
Examples could include:
- some jobs in single-sex schools
- jobs in some welfare services
- acting jobs that need a man or a woman
There are four types of discrimination:
- direct discrimination - treating you differently because of your sex, because you are married or because of your gender reassignment (eg paying men more than women for doing the same job, promoting someone because they are single instead of an equally qualified person, or sacking a woman because she says she is pregnant or might start a family.
- indirect discrimination - putting you at a disadvantage because of certain working practices or rules (eg setting a minimum height, which might discriminate against most women, or an employer's refusal to recruit part-time workers without good reason)
- harassment - behaving in an offensive manner, or encouraging or allowing other people to do so (for example, making sexual remarks or gestures, allowing displays or distribution of sexually explicit material, or giving someone a potentially offensive nickname because of their gender)
- victimisation - treating you unfairly for making a complaint about discrimination (for example, preventing you from going on training courses, taking unfair disciplinary action against you, or excluding you from company social events)
What is 'Positive Action'?
In some circumstances, an employer may encourage or offer support specifically to men or women, and this 'positive action' is allowed under sex discrimination laws.
For example, an employer who has no women managers might offer some training in management skills only to women or encourage them to apply for management posts. Positive action applies only to training and encouragement to apply for posts, so when it comes to choosing who is to get a post the employer must consider all candidates on their suitability alone.
What to do if you're discriminated against
If you think that you’re suffering sex discrimination at work, you should talk to your employer, explaining what you see as discrimination. If necessary, put your complaint in writing. An employee representative (such as a trades union official) may be able to help you. Your employer may have an equal opportunities policy - ask to see it.
If this doesn’t help, you may need to make a complaint using your employer’s grievance procedure. You shouldn't be victimised for making a complaint, as this would count as discrimination.
If you’re still unhappy, you can apply to an Employment Tribunal – you’ll need to do this within three months of the discrimination taking place or within six months if it is about unequal pay. Tribunals can award compensation for unlawful sex discrimination.
Discrimination means treating some people differently from others. It isn't always unlawful - after all, people are paid different wages depending on their status and skills. However, there are certain reasons for which your employer can't discriminate against you by law.
What is discrimination?
Discrimination happens when an employer treats one employee less favourably than others. It could mean a female employee being paid less than a male colleague for doing the same job, or minority ethnic employee being refused the training opportunities offered to white colleagues.
There are specific laws against some types of discrimination (called 'unlawful discrimination'). If your employer treats you less favourably for an unlawful reason, you may be able to take action. If your employer treats you unfairly for any other reason, this is not unlawful discrimination (to find out what you can do in these situations - see below).
There are laws against discrimination because of:
- marital status
- gender reassignment
- sexual orientation
- ethnic background
- religion or belief
- working part-time
- working on a fixed-term contract
Legislation protects employees from discrimination of different types.
Direct discrimination happens when an employer treats an employee less favourably because of, for example, their gender or race. (So it would be direct discrimination if a driving job was only open to male applicants).
Indirect discrimination is when a condition that disadvantages one group of people more than another is applied to a job. For example, saying that applicants for a job must be clean-shaven puts members of some religious groups at a disadvantage.
However, the law does allow employers to discriminate indirectly if they can show a good reason for having the condition. For example, the condition that applicants must be clean-shaven might be justified if the job involved handling food and it could be shown that having a beard or moustache was a genuine hygiene risk.
Harassment and victimisation
Harassment means offensive or intimidating behaviour - sexist language or racial abuse, for example - which aims to humiliate, undermine or injure its target.
Victimisation means treating somebody less favourably than others because they tried to make a discrimination complaint.
Being treated unfairly for other reasons
If you are treated unfairly but it is not for one of the reasons listed above, it may be that you are being bullied. Bullying should never be acceptable in the workplace, find out what you might be able to do about it.
If you are trying to take up your statutory rights and your employer treats you unfairly for this, you may be able to take legal action. For example, your employer is not entitled to mistreat you because you've asked to be paid the National Minimum Wage.
Other rights where you are protected from being mistreated because you have asked for them in good faith include:
- rights to a written statement of employment particulars
- protection from unlawful deductions from wages
- rights to paid holiday
- limits on your working hours
- the right to join a trade union
Employers have legal obligations to ensure a safe and healthy workplace.
As an employee, you have rights, and you have responsibilities for your own wellbeing and that of your colleagues. Here we explain what these responsibilities are, and how you can meet them.
Your rights as an employee to work in a safe and healthy environment are given to you by law, and generally can't be changed or removed by your employer.
The most important rights are:
- as far as possible, to have any risks to your health and safety properly controlled
- to be provided, free of charge, with any personal protective and safety equipment
- if you have reasonable concerns about your safety, to stop work and leave your work area, without being disciplined
- to tell your employer about any health and safety concerns you have
- to get in touch with the Health and Safety Executive (HSE), in Northern Ireland the Health and Safety Executive for Northern Ireland (HSENI), or your local authority if your employer won't listen to your concerns, without being disciplined
- to have rest breaks during the working day, to have time off from work during the working week, and to have annual paid holiday
Your most important responsibilities as an employee are:
- to take reasonable care of your own health and safety
- if possible avoid wearing jewellery or loose clothing if operating machinery
- if you have long hair or wear a headscarf, make sure it's tucked out of the way (it could get caught in machinery)
- to take reasonable care not to put other people - fellow employees and members of the public - at risk by what you do or don't do in the course of your work
- to co-operate with your employer, making sure you get proper training and you understand and follow the company's health and safety policies
- not to interfere with or misuse anything that's been provided for your health, safety or welfare
- to report any injuries, strains or illnesses you suffer as a result of doing your job (your employer may need to change the way you work)
- to tell your employer if something happens that might affect your ability to work (eg becoming pregnant or suffering an injury). Because your employer has a legal responsibility for your health and safety, they may need to suspend you while they find a solution to the problem, but you will normally be paid if this happens
- if you drive or operate machinery, to tell your employer if you take medication that makes you drowsy - they should temporarily move you to another job if they have one for you to do.
Your employer must provide personal protective equipment (PPE) to you free of charge. You must use this correctly, and follow the training and instruction you've been given.
In some jobs, failure to use PPE properly can be grounds for disciplinary action or even dismissal. However, you can refuse to wear PPE if it puts your safety at risk (eg PPE of the wrong size could put you at risk because of its poor fit). Ask your employer or the firm's safety representative for the right size (which must be provided free of charge).
Sikhs who wear turbans can legally refuse to wear head protection on religious grounds, but Sikhs who don't wear turbans must wear head protection.
If you have considered applying for a personal injury claim, then you can receive a substantial amount of compensation with the help of an accident injury solicitor. Keep in mind that it’s not an easy process and you must arm yourself with patience and ambition if you want a fair reimbursement for your injuries.
There are 5 main steps of the claim process:
The only way to receive compensation is by proving that you have suffered wounds in an accident that was caused by someone other than you. Else you are in danger of paying the other party’s attorney fees if you get to court.
Evaluate the compensation value.
Basically, how much are you worth? Gather any evidence to support your personal injury claim: medical receipts, travel expenses made in the benefit of your medical recovery, loss of wages because you couldn’t go to work during your recovery, emotional damage, car damage, future medical expenses, loss of valuable objects (maybe your mobile phone or earrings were lost or destroyed in the accident) etc. Every detail counts.
Correctly follow the procedure.
The personal injury solicitor is the most qualified person who can help your claim. He will follow the personal injury protocol and file your paperwork while respecting all the laws that come with it.
Negotiate a settlement.
When the other party knows for a fact that it is in danger of paying you large amounts of money, it will try to offer you a settlement. If you’re looking for an easy way out, then you can consider accepting it. Else, if you think you deserve more, then you can go to a court of law. Either way, let your personal injury claim solicitor do all the talking after consulting him.
Go to court.
Bring out the big guns and take your matters to court. Know that sometimes it’s a difficult process and your personal details can be brought to light in some cases but rest assured you will receive the compensation you deserve. Trust your personal injury solicitor’s actions and take his advice into account.
For more information regarding personal injury claim, contact our The Compensation Experts.
If you have been involved in an accident at work you may have a right to claim compensation. Like other accidents, proofs for your injury in the workplace should be established for obtaining the reward.
To speed up the accident at work compensation claim procedure you should adopt a few steps that are given below:
- Take suggestion and medical treatment from a physician.
- Immediately report the accident either to the employer or to the company’s authority, so that a kept in the accident book.
- Gather all the evidence and also information of the witnesses.
- Seek assistance and advice of an accident at work solicitor.
- Rendering health and safety within the workplace and cutting down the risk of any type of work accidents is one of the most essential responsibilities of an employer.
- Proofs such as ambulance attendance, employer’s accident book, witness, and an account of previous similar work accidents are important to demonstrate the accident when making claims.
- It is also the responsibility of an employer to give appropriate training to all the employees to lessen accident.
Making a no win no fee contract can prove to be an easy way to file your work accident claim. Under a no win no fee claim you will be benefited to a great extent as there will simply no need to pay the solicitor only if the case is lost.
Accident at work compensation claim depends upon the claim type and also the nature of the injury that is caused to the employee. If an employee is harmed in a work accident, lawfully he will be eligible to receive compensation for the financial and non-financial losses. It is suggested to seek an experienced solicitor’s service to get a fair value of compensation.
Minor injuries such as back muscle strain can also get you compensatory reward. Ensure to seek clinical treatment after you have endured an injury.
And then obtain the medical report acknowledging the injury sustained.
Accident at work insurance is essential for the workers working in the life-threatening environment. The insurance actually covers every expense that is related to the work accident. When suffered injury clinical expenses are expected to be there. Apart from this, the victim may be incapable of attending his work because of which loss of income may befall. All these expenses can be recovered through this insurance. Hence, you must claim when injured, so that your claim can be assessed by the insurance claim adjuster for accident at work compensation.