Injury through Industrial Accident in Durham
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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.
Personal Injury Law in Durham
What rights do I have under personal injury law?
If you have suffered an injury which wasn’t mainly your fault, the law says you are entitled to compensation for pain, suffering and loss of amenity. You may also gain compensation for loss of earnings and additional expense incurred due to the injury.
Who does the law say is responsible if I suffer personal injury?
Personal injury law has established a duty of care on the part of people, companies and organisations to ensure they do everything reasonably possible to avoid causing injury to others. As examples, if land owners allows the public access to their property, they should ensure that walkways are adequately maintained. Shopkeepers should keep aisles clear of objects shoppers might trip over, and clean up spillages promptly to prevent slips. When playing sports, the law expects people to behave responsibly and not inflict injury on others. There is also specific employment law which lays down the duties of employers to minimise the risk of personal injury.
What is the basis for a personal injury law claim?
If your injury claim is to succeed, the law says 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 under the law.
How much compensation can I win under personal injury law?
Amounts are determined by legal decision on a case by case basis. In England and Wales, Judges have issued broad guideline figures for different types and degree of injury, laid down in the Judicial Studies Board Guidelines. This has been built up from case law in personal injury claims. Information is given on this site under individual types of injury.