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