Accident at Work FAQs
Can I be sacked for having an accident at work?
If you're worried about making a claim following an accident at work, then you can rest easy. It's illegal for an employer to dismiss you following a claim for work injury compensation under UK employment law.
If they do, or you suspect that they have let you go as a result of a claim being brought, then you have the right to make a legal claim for unfair dismissal.
Do I get paid if I get injured at work?
The amount that you will be paid following an accident at work depends on the contract you have with your employer. Some companies offer an occupational sickness scheme, with the exact amount of pay you will be entitled to during your recuperation being outlined in your contract. If this scheme isn't in place, then you will still be entitled to Statutory Sick Pay (SSP). Under SSP, you will receive £94.25 per week before tax for up to 28 weeks, so long as you have been unable to work for at least four days in a row.
I’ve had an accident at work, what are my rights?
It is the responsibility of your employer to make sure that you are kept safe during your time at work, by providing the right equipment and training, as well as creating an environment where you can expect not to come to harm. If they fail in that undertaking, then you, as an employee have certain rights:
- The right to make a claim
- The right to be compensated for your injuries and employer's negligence
- The right to pursue a claim without being treated detrimentally
- The right to sick pay
Each of these points is covered within our Accidents at Work page, but if you have any questions then please contact the team at Winns.
What should I do after an accident at work?
The first thing you need to do if you are considering making a work injury compensation claim is to inform your employer of the incident ASAP, making sure that they note it in an accident log. If this is not done, then make a record of the accident yourself. A record of the incident can be vital to the success of the case, and you can find further information on what to do if an accident log does not exist on the Citizens Advice website.
The next step should be to see a doctor for an examination. Even if your injuries seem minor, a doctor's assessment will help you to get relevant treatment whilst also providing a record of your injuries.
What happens if I have an accident at work?
If you have an accident at work, then you should start the process of making a claim with Winns. We can take care of everything while you recuperate, including organising any appropriate medical care that you may need, such as physiotherapy. We'll keep you updated every step of the way, so you can focus on getting better and getting back to work.
While you're away, your employer should carry out an investigation into what happened, as well as the cause of your accident. This will help them to identify any shortcomings and see where they can make improvements to prevent further accidents. This can include implementing new training and safety checks, as well as purchasing new equipment.
Can I claim on a no win, no fee basis?
With Winns, every accident at work compensation claim is carried out on a no win, no fee basis, so you don't have to worry about extra expense upfront. If your case is successful, any costs that have been incurred are recovered from the other side (normally paid from the same employer's liability insurance as your work injury compensation), and we would deduct a success fee from your compensation, as set out in the funding agreement. If for any reason your case is unsuccessful, then you still won’t have to pay a penny, as long as you have followed the terms of our funding agreement.
How much can I claim?
The settlement entitlement for work injury compensation claims varies with each and every case. A number of factors have to be taken into account, such as the severity of the injuries, time away from work, and loss of earnings, to name a few. In order to get a better idea of how much compensation you may be due, speak to a member of Winns' expert team, today.
How long do I have to claim after an accident at work?
In England and Wales, there is a very clear window for making a claim following an accident at work. In most cases, if you do not commence court proceedings within three years of the incident that caused your injuries, then your claim may be considered 'time-barred' and will probably leave you ineligible for compensation. However, there is often a lot of work required before this can be done, so we would always advise you to contact Winns as soon as possible after the incident, to allow us to begin work on your behalf.
If you are unsure about how long ago your accident at work happened, get in touch with Winns today to speak to an advisor.
To make an accident at work claim, get in touch with our dedicated team today.
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