Employers Laiability

Had an accident at work that wasn’t you fault?

Employers' Liability Claims

Had an accident at work that wasn't your fault?

While most jobs offer relative safety from hazards, it is an unfortunate fact that, on occasion, accidents do happen in the workplace – and when they do, it’s essential to know what to do next.

Reporting an accident at work is important for several reasons. Not only do you have a duty to report the accident but doing so can help your employer investigate the cause and take steps to prevent future accidents.

If you have been injured due to your employer’s negligence, you could be entitled to make an employer’s liability claim for compensation. Read on to learn more about this type of personal injury claim and how our solicitors could help you secure the compensation you deserve.

What is employers' liability?

Employers have a duty of care to their employees, subcontractors, and the public, which includes taking steps to minimise the risks of injury or harm in the workplace. The employer could be held liable when this duty of care is breached and an employee is injured.

Employers’ liability insurance is a legal requirement for most businesses in the UK and covers them financially should an employee be injured or become ill as a result of their work, which protects them from the liability of an incident. Accidents can include slips, trips, falls, or conditions caused by exposure to harmful substances – such as deafness, asbestosis, or skin cancer.

If your employer does not have the required employers’ liability insurance in place, they could face criminal charges. If you have been injured at work and believe your employer is uninsured, you should still be able to make a claim against them directly.

What can I claim?

If you have been injured or fallen ill as a result of your job, you could be entitled to compensation for a number of different things, including:

Making a claim

If you decide to make a claim for compensation, we will work on your behalf on a No Win No Fee basis. Our fee structure means that you will not have to pay any upfront legal fees, and you will only need to pay our legal fees if you are able to claim successfully.

If you would like to claim against your employer, you should speak to a solicitor as soon as possible. Here at Claim Online, we can help you understand whether you have a valid claim and provide expert guidance on the claims process.

We understand that claiming against your employer can be daunting, and we will do everything we can to support you throughout the process. We will also work hard to secure the maximum amount of compensation possible for your circumstances.

Is there a time limit for making a personal injury claim?

There is a three-year time limit in place for most personal injury claims. This means that you will need to start legal proceedings within three years of your accident or from the date you first became aware of your injuries.

There are some exceptions to this rule, so it’s essential to speak to a solicitor as soon as possible to find out whether you are still within the time limit for making a claim.

Do I have to go to court to claim for an injury claim?

Most personal injury claims are settled out of court, so it’s unlikely that you will need to go to court to secure the compensation you deserve. If your case does go to court, our experienced solicitors will be on hand to support you throughout the process.

How long does an employers' liability claim take?

The amount of time it takes to settle a liability claim can vary depending on the individual circumstances of your case. Insurers can sometimes resolve straightforward claims within a few months. More complex cases can take longer, potentially lasting years, depending on the severity of your injuries and whether you need ongoing treatment.

Who pays for employers' liability claim compensation?

Your employer’s insurance policy funds employers’ liability claims. Your employer will not have to pay anything toward your compensation if your claim is successful. However, they could be fined or prosecuted if they have failed to ensure appropriate public liability insurance is in place.

Can I be sacked for claiming against my employer?

It is illegal for your employer to sack you or mistreat you because you have made a personal injury claim against them. If you have been sacked or treated unfairly because of your accident at work, you could make an additional claim for unfair or constructive dismissal.

What should I do after an accident?

If you are injured at work, you should seek medical attention as soon as possible, even if you don’t think your injuries are serious. This is important not only for your health but also because you may need medical evidence to support your claim for compensation. After an injury at work, it’s important to:

Report the accident to your employer – they should have an accident book where you can record what happened
Seek medical attention – even if you don’t think your injuries are severe, it’s important to have them checked out by a doctor or at a hospital
Gather evidence – this could include taking photographs of the accident scene, getting the contact details of any witnesses, and keeping a record of your injuries

In addition to the cost of private treatment, you may also be able to claim compensation for loss of income, travel expenses, and other associated costs. To find out more, speak to a solicitor today.

How much does it cost to make a claim?

We offer a free initial consultation so that you can find out more about claiming without incurring any costs. We can offer to represent you on a No Win, No Fee basis if you have a valid claim. This means that you will not have to pay any upfront legal fees, and you will only need to pay our legal fees if you have a successful claim.

We do not deduct fees directly from your compensation, so be aware that the following fees do need to be paid:

A ‘success fee’ is applicable on successful claims. This fee is applied to successful claims to cover the risk involved in taking each case.
Other legal expenses or costs not otherwise recovered from the other side, such as legal expense insurance costs.

How do I begin a personal injury claim against my employer?

You must file a claim if you want to start a personal injury case against your employer. You must go through the proper steps and complete the correct paperwork. Make sure you have all the information you need before you start and be prepared for a long process.

The first step is to file a workers’ compensation claim. This will get you benefits if you’re injured on the job. But it won’t get you any money for pain and suffering.

You’ll need to file a personal injury lawsuit against your employer to get that. Talking to a lawyer before you do this is a good idea. We can help you understand the process and what to expect. Contact Claim Online today to get started.

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