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Article #281: Successful Industrial Injury Claim Steps

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If you have recently suffered a workplace possible, employers should avoid
industrial injury then there is a chance employees needing to undertake manual
that the accident just put your career on handling operations at work that involve
the line. Yet less than 1 in 10 people an element of risk;
injured in an industrial accident in the - The Personal Protective Equipment at
UK will claim for compensation from their Work Regulations (1992): which requires
employers or the state. employers to provide employees with
So, is it the case in Britain that we adequate protective clothing if they are
don't like to sue our employers or the exposed to any risk (such as protective
state for compensation following a glasses); and
workplace injury, or is it that we are - The Provision and Use of Work Equipment
simply not aware of what our rights are? Regulations (1998): under which employers
Employers' Duty are required to ensure that equipment
Although there are protections in place used by their employees is fit for the
for employees for many years such as purpose.
employers should comply with a general Industrial Injury Solicitor
duty towards the level of health and Having said that there are adequate
safety standards in a workplace. It was provisions in place to protect employees
only following Britain's entry into the in the case of any workplace injury.
European Union that these laws became Unfortunately lots of employers in the UK
more than a toothless tiger and started are either unaware of their duty of care
to bite back. or simply refuse to comply with it.
Today, employers have a duty to ensure In such circumstances, while there will
that your overall safety in the workplace almost certainly be a case for industrial
is free from the risk of an accident injury compensation, to ensure that your
injury by ensuring: rights as an employee are adequately
- that they employ competent co-workers being protected and that you receive fair
to work with you; and impartial advice on what your rights
- that they provide you with adequate are under the relevant laws. You should
materials; seek the advice of an industrial injury
- that the equipment you use complies solicitor following an industrial
with safety requirements; accident.
- that you are provided with protective Even in circumstances where you are on
clothing (if needed); and good terms with your employer, if you
- that proper training and adequate want to make sure that your industrial
supervision be provided to minimise the injury claim will compensate you to the
risk of any workplace injury. maximum you are allowed under the law,
Industrial Accident Claim you should ask an industrial injury
Such is the scope of the UK and EU law, lawyer for his advice and assistance in
it protects employees from an industrial handling your case.
accident. If you do need to make an Keep in mind that the solicitor will have
industrial injury claim you will probably your best interests at heart, whereas
be fighting under one of these your employer will have the company's
legislations: best interests at heart.
- The Management of Health and Safety at Ensure To Pursue With An Accident Claim
Work Regulations (1992): which imposes a Finally, if you are in an unfortunate
requirement that employers make an position to be recovering from a work
assessment of any foreseeable risk of injury and are considering your options
exposure to a workplace injury and if as to whether or not to bring a claim
such a risk exists to take action to against your employer, remember that you
prevent such; owe your employer nothing, whereas your
- The Workplace (Health, Safety and employer owed you a duty to ensure you
Welfare) Regulations (1992): which don't get injured at work!
imposes a duty on employers to ensure the What's more, if you don't make a claim
safety of their employees with respect to for industrial injury compensation, do
the maintenance of the workplace, its you really believe that 5 years down the
ventilation, temperature, lighting, etc.; road from now your employer is going to
- The Manual Handling Operations remember who you are as you struggle by
Regulations (1992): which imposes a on benefits?
requirement that, in as much as it is






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