Injury through Industrial Accident
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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 Advice
If you have suffered an injury which wasn’t your fault, you should consult a solicitor who specialises in personal injury advice.Will I have to pay for advice on my personal injury claim?
Many personal injury solicitors will not charge for advice given during the first meeting. Only once they have decided whether you may have a case will they consider proceeding, when they will charge for further advice. You will then have to agree how your solicitor’s fees are to be paid in the event that you win, lose, or drop the case.
Can my local solicitor give advice on my personal injury claim?
While you will already have a close relationship with the solicitor who handles your affairs, such as writing a will, arranging property transfers and so on, you should always go to a solicitor who specialises in giving advice on personal injury claims.
The effects of an injury can be wide ranging and more than your legal rights are involved in determining your eligibility for, and amount of, compensation. For this reason, a solicitor requires a combination of legal and medical expertise, and most personal injury solicitors will have built up a list of useful contacts and barristers’ chambers to call on when specialist advice is required.
How can I check a solicitor can give specialist personal injury advice?
In the first instance, check that your solicitor’s firm includes lawyers who are accredited members of the two principle legal bodies in this field; the Association of Personal Injury Lawyers (APIC) and the Law Society’s personal injury panel. You should also ask if they have solicitors who belong to associations for the specific injury your claim is about – for example the Spinal Injuries Association or the Headway Panel.
You should also ask your solicitor about their record in personal injury claims. Can they give you any case histories of advice given for successful claims similar to yours?