Injury through Industrial Accident in Dumfries and Galloway
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Employers have a statutory duty to ensure you do not suffer injury while working. This does not necessarily end at the work place. It can also include travelling and any other activities you are obliged or expected to do during your employment.
How am I covered for an Industrial Accident?
Typical reasons for winning compensation if you suffer from an industrial accident include faulty equipment, such as a broken ladder, dangerous machinery, such as unguarded equipment, and lack of care in ensuring a safe environment, such as leaving a loose cable which you might trip over.
Note that an employer’s liability for industrial accidents extends beyond equipment and buildings. They are also expected to ensure that all employees behave appropriately and abide by any safety rules. Thus, if your industrial accident is caused by another employee, e.g. you are hit by a vehicle they are driving, you are still entitled to claim accident compensation from your employer.
What should I do if I suffer from an industrial accident?
Firstly, you should make sure the event is recorded in the company accident book as an industrial-related accident. Check that the entry is accurate.
Don’t be persuaded to give your employer a detailed written account of the accident while you are still feeling stressed.
Ensure that, if necessary, the accident is reported to the appropriate authorities. There are strict rules governing the reporting of industrial accidents.
Contact us as soon as you can, while the accident is still fresh in your mind. Industrial accidents may be vigorously contested, and companies will be able to get very good advice. Make sure you do the same.
Injury Claim in Dumfries and Galloway
What can I claim for injury?
Damages for injury are awarded under two aspects. The most immediately obvious effects of your injury are covered by “General Damages”. This part of your injury claim covers “pain and suffering” and “loss of amenity”
Pain refers to the physical pain resulting from your injury.
Suffering concerns the mental and emotional aspects, so part of your injury claim will be based on whether you suffer anxiety, post traumatic stress disorder, embarrassment and so on.
Loss of amenity covers activities and abilities you will no longer be able to enjoy as much as before the injury. For example, a passionate hiker who can no longer walk, or an amateur musician who loses their hearing.
The “Special Damages” part of your injury claim involves financial loss or additional costs. Under this heading will come loss of earnings if you are unable to work, costs of nursing care and changes to accommodation or equipment (e.g. cars) to allow you to live as normal a life as possible.
What is the basis for an injury claim?
If your injury claim is to succeed, you must be able to prove “on the balance of probabilities” that your injury is due to negligence by another party. Note that this does not necessarily mean that you have to be entirely fault-free; you need only demonstrate that the other party is more than 50% responsible for your injury. If you can do this, you may then be able to win compensation.
Will a pre-existing condition nullify my injury claim?
On the contrary, compensation awarded for your claim can include an element for aggravating an existing condition. It is most important that you give a full medical history when discussing your claim for this reason.