If you have suffered personal injury* at work you will no doubt feel like the majority of our clients in similar circumstances… worried.
Our clients tell us that they are often about nervous telling their employer that they have suffered personal injury* as a result of an accident in work.
All accidents in the workplace need to be reported to employer, regardless of whether any claim is being brought.
Your employer has a duty to keep all employees safe from personal injury* in the work place, so you should report the accident to help your employer remedy the cause of the accident and avoid future injuries.
In the event that you do decide to take a personal injury* claim you are not obliged to personally tell your employer.
Your solicitor can write to your employer and notify them of the claim.
Some of our clients have told us that they feel that it would be better for them to inform their employer that a claim was being made and that their solicitor would be in touch.
This is a matter for each client and generally we would advise that all communications regarding the case take place between the legal representatives.
Following accidents at work the payment of sick pay sometimes come up for discussion.
Whether you are entitled to sick pay or not is a matter normally set out in your employment contract.
Often clients have no written contracts and therefore it is important to note the policy on sick pay in play in the company i.e. is there a custom and practice within the workplace where the employer pays for two weeks sick pay etc.?
The payment of sick pay can often be left to the discretion of the employer and therefore there is no strict policy or entitlement to sick pay.
In the event of a claim being made any loss earnings can be recovered as part of the claim.
In our experience it is rare that any client who has suffered an accident at work will be penalised for making a claim by the employer stopping sick pay.
Likewise job security legislation protects employees against dismissal of foot a cases following injuries in the workplace.
Most prudent employers have employer liability insurance in place which in effect means that their insurance company take over and look after the claim from an early stage.
This can be good for all involved and takes the ‘personal’ element out of the process.
If you have suffered personal injury* at work and are worried that you may be mistreated by your employer please remember that these worries are normal.
An accident at work is not the same as a road traffic accident between strangers.
There is always a pre-existing employment relationship and this must be protected within the claims process.
If you have suffered an accident at work and are worried, talk to us.