18 Jan 2023
  • A person works in a dangerous environment that could lead to an accident and an employer's liability claim

How to Make an Employer’s Liability Claim?

If you’ve suffered injury after a non-fault accident at work, you may be able to make a claim for compensation.

You could be entitled to make an employer’s liability claim, we can help with your recovery from the incident and the adjustment to a future altered by injury.

Can I claim on employer’s liability?

As part of their health and safety requirements, employers have a duty of care to employees. They are responsible for providing a safe working space, including the processes in place, the equipment used, and the provision of relevant training for the roles being carried out. If they fail in any of these areas and you are injured as a result, a claim can be made against the company.

Don’t worry about claiming against your employer; they can’t, by law, dismiss you for making a claim and they don’t pay the compensation awarded as they’ll have employer’s liability insurance to cater for these scenarios.

Workplace injuries

Statistics for 2021/22 from the Health and Safety Executive (HSE) found 565,000 workers had sustained a non-fatal injury, as quoted by the HSE from the Labour Force Survey. Of those, 30% were slips, trips, or falls on the same level, 18% were due to handling, lifting or carrying, with 11% down to an employee being struck by a moving object.

The estimated rate of self-reported workplace non-fatal injuries per 100,000 workers continues on a generally downward trend but will be of little consolation to those unfortunate enough to suffer an injury at work due to the negligence of their employer.

What about contractors or the self-employed. Can they claim?

This is a little bit more complicated, with different factors about the accident needing to be considered. One of those factors, for example, is who is responsible for the site where the incident occurred; a contractor working on site at a company should expect the hosting company to provide adequate health and safety provisions to cover their time spent working there.

If you’re a contractor or self-employed and considering making an employer’s liability claim, call the team at Winns for a no-obligation chat to determine the nature of the accident and your potential eligibility to make a claim.

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What should you do after a workplace accident?

If you’re not at fault for the accident and wish to make a claim for compensation, you can do a few things to help your chances of success:

  • Report the accident to the relevant people in your company. This could be your line manager and/or the HR team so they can record it in their accident logbook
  • Write your own accident report with as much information and detail as possible
  • Get witness statements from people at the scene or get their details so your file handler can follow up with them
  • Take photographs of the cause of the accident. These could be of faulty equipment or the cause of a slip or trip
  • Begin the process of recovery and rehabilitation with relevant medical treatment, which can demonstrate the injuries sustained.

The more evidence to hand the better your chances of compensation being agreed upon.

How do I start a claim?

If the circumstances merit of a claim, all you need to do is call the team at Winns. We have specialists in employer’s liability claims who have secured compensation for many of our clients after a non-fault accident.

They will ask relevant questions about the nature of the accident and seek to obtain as much information as possible to support the claim. They’ll take care of the rest, driving the legal side of the process while also coordinating any medical treatment you require.

Working on your behalf, they’ll take away the stress and strain of making a claim and make sure you can focus on recovering a sense of normality.

Why choose Winns?

We operate on a no win no fee basis; that’s no upfront legal costs to pay and we only get payment for our services if the claim is successful. Payment terms are set out clearly from the outset and the percentage we take remains fixed, regardless of the complexity of the claim and the duration.

There’ll be no surprise costs, no prohibitive starting fees, just the reassurance that an experienced legal team is on your side.

For more information on accidents at work, click here to be taken to our dedicated page. Considering a claim?

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