| Legal Claim UK is a national network of | | | | In most cases it is necessary to show that an |
| personal injury solicitors. Our lawyers are | | | | employer has been negligent by proving that |
| all members the Law Society panel of personal | | | | the employer has failed to take reasonable |
| injury experts¹ and will deal with | | | | care for the safety of his employees. There |
| accident at work claims using the no win no | | | | are however numerous protective statutes |
| fee scheme. Compensation is paid in full² | | | | which dispense with the necessity to prove |
| and win or lose there is no charge. You will | | | | negligence and in certain circumstances an |
| receive a complete professional service from | | | | employer will be absolutely liable to pay |
| lawyers who specialise in claiming | | | | compensation without the necessity to prove |
| compensation for personal injury caused as a | | | | negligence. If the employee can show that his |
| result of an accident. | | | | claim is one where there is 'strict |
| | | | liability' then the employer will have to |
| The employee is surprisingly well protected | | | | settle the claim without the opportunity of |
| by the law with numerous statutes in force | | | | putting forward any potential defence. An |
| not only from the UK Parliament but also from | | | | experienced lawyer will take initial details |
| the EU which dictate and direct the standards | | | | and if there is any question about |
| which employers should attain to look after | | | | establishing liability he will consider not |
| the health and safety of their operatives. | | | | only the law of negligence but also a number |
| Unfortunately not all employers | | | | of relevant statutes to see if 'strict |
| conscientiously adhere to the standards | | | | liability' applies to the particular |
| expected of them. On some occasions this is | | | | circumstances of the accident. |
| as a result of negligence and at other times | | | | |
| it is a deliberate or reckless disregard for | | | | The most frequently used regulations to |
| the law with consideration only for profit. | | | | establish liability in workplace accident |
| | | | claims include: |
| Personal injury can be as a result of | | | | |
| prolonged and repetitious acts, traumatic | | | | Personal Protective Equipment at Work |
| physical incidents or from being exposed to a | | | | Regulations 1992 states that every employee |
| hazardous environment including exposure to | | | | shall be provided appropriate personal |
| noxious substances. In almost every case it | | | | protection equipment and training on how to |
| will be possible for an employee to claim | | | | use it to reduce the incidence of accident at |
| compensation as there are very few occasions | | | | work claims. |
| when an employer can escape liability if an | | | | |
| employee is injured whilst at work or is | | | | Management of Health and Safety at Work |
| injured in the course of his employment. All | | | | Regulations 1992: stipulates that every |
| employers are required to insure against | | | | employer has to perform risk assessments for |
| injuries to employees and to have and display | | | | all potentially hazardous procedures and |
| an Employer's Liability Insurance | | | | thereafter take reasonable steps to reduce |
| Certificate. | | | | any risk to an acceptable level. |
| | | | |
| We deal with accident at work claims ranging | | | | Provision and Use of Work Equipment |
| from fractures and back strain through to | | | | Regulations 1998 requires that equipment and |
| repetitive strain injury, work related upper | | | | machinery is kept in good working order and |
| limb disorder, carpel tunnel syndrome, | | | | that adequate training is provided to |
| industrial deafness, tinnitus and Duprytren's | | | | employees to use them. |
| contracture. We also have specialists who are | | | | |
| able to deal with catastrophic injuries | | | | Workplace (Health, Safety and Welfare) |
| including spinal cord injury, brain damage | | | | Regulations 1992: provides statutory |
| and fatal accidents. Hazards causing injury | | | | standards for workplace facilities including |
| not only occur in industrial situations and | | | | ventilation and lighting, disposal of waste |
| many office workers are injured every year as | | | | and the condition of floors, walkways and |
| a result of their employers' inadequacy. | | | | stairs. The employer is required to ensure |
| Employers are required by law to create a | | | | that these facilities are maintained |
| risk free work environment with the following | | | | according to industry standards. |
| essentials: | | | | |
| | | | There are circumstances whereby an employee |
| Employing capable and safety conscious | | | | perceives that he is in danger in advance of |
| employees | | | | any accident which may cause personal injury. |
| | | | If an employer upon being advised of the |
| Providing appropriate equipment and training | | | | danger does nothing to ensure compliance with |
| to use it | | | | the regulations to reduce risk as far as is |
| | | | reasonably possible then the employee can |
| Providing a safe place to work - fire escape | | | | resign his post and may be able to claim |
| routes, adequate ventilation, decent | | | | compensation in the Employment Tribunal for |
| lighting, clean workplace, sufficient floor | | | | 'constructive dismissal'. Prior to resigning |
| area to work and adequate sanitary | | | | the position an employee should take detailed |
| conveniences | | | | advice from specialist employment law |
| | | | solicitors. |