Accidents at Work

Accidents at work can happen in many different ways. There is extensive legislation covering what employers are obliged to do to keep their employees, contractors, visitors and even trespassers safe whilst on their premises. Some of the most common examples of injuries sustained at work are:

• Defective machinery
• Dangerous practices
• Slips and trips
• Lifting/manual handling
• Falls from height
• Exposure to dangerous substances
• Injuries caused by work colleagues/customers
• Failure to provide suitable work equipment/protective clothing

What do I have to Prove?

1. That your employer had a duty to protect you in the particular instance and that they breached this duty
2. The breach of duty was the cause of the accident itself
3. The injury sustained was in fact a result of the breach of duty
4. The extent of your injuries, and any related costs and losses you have suffered

Practical Advice

• Notify your employer of the accident/injury as soon as possible
• Ensure a note is made in the work accident book
• Seek medical attention
• Ask witnesses to make themselves available to provide a statement
• Take photographs of the accident scene (with the permission of your employer)
• Seek the advice of a solicitor as quickly as possible

How do I go about choosing a Solicitor?

What are the options?

• Legal Expenses Insurance – Panel Solicitor
• Own choice of solicitor (and if necessary obtain insurance to cover the risk of losing your claim)

Legal Expenses Insurance (Before The Event “BTE” insurance)

It is sensible to engage a solicitor who specialises in your type of claim and, if you have had a serious injury, to ensure that they has experience of dealing with that particular type of injury (for instance, brain or spinal injury). You may be invited to use a firm of solicitors appointed by your own insurance company. Things you may want to check are:

• The qualification and experience of the person dealing with your claim on a day to day basis, for instance whether they are a qualified solicitor;
• What the level of legal expenses cover is.

Own Choice of Solicitor

• Even if you have Legal Expenses Insurance, you still have the right to choose an independent solicitor. Most solicitors will accept personal injury claims on a “No-Win, No-Fee” arrangement (also known as Conditional Fee Agreement);
• You can obtain what is known as After the Event (ATE) Insurance to cover the risk that you may lose your claim.