By: evelyn | Date: 2020-12-21
Being a bartender isn’t easy at all. There are a number of challenges you have to overcome. Some customers may disappear before even paying bills while others may be rude to you. But we aren’t here to discuss the problems of being a bartender. Instead, we are here to present you a case scenario about claiming for an accident at work claim being a bartender. Though chances of getting work injury in a bar or nightclub aren’t as high as that of a construction worker, there is still a risk of injury.
A few days ago, we got an email where a person enquired, “can I make an accident at work claim if I sustained an injury working in a bar?”. We will share the nitty-gritty details of the case in a bit.
You may have certain queries in your mind about whether you are eligible for work accident claims or not if you sustain injuries working in a bar or nightclub. Who are you going to claim against? How long can I make my workplace accident claim after the injury in a bar? What should I do after the injury and how to make a successful claim? First, we will know about the eligibility criteria, then we will discuss how the accident happened and how you can make a claim for an injury in a bar.
Can you make an accident at work claim or not for an injury as a bartender depends on who is at fault for the injury. If you are negligent, then you may not be eligible for injury at work claims. If someone else is negligent for the accident, then you can make a claim. In a nutshell, the eligibility criteria is the same as it is for the other type of accidents at work. To make a claim, you have to hold someone liable for your accident and make a claim against that person.
Let us take a look at the question from a bartender we have received.
“I work as a waitress in a bar come nightclub. A few days ago, some customers had purchased an expensive bottle of Champagne. While I was opening the bottle, it cracked and I got cuts on my body from the shattered glass. The cuts on my arm are serious and a piece of shattered glass also hit in my eye. Plus, the customers also got some cuts. I don’t know whether I can make a work injury claim for my injuries or not. If I can, then who is the person I should make a claim against? I am also fearful of losing my job if I make a claim against my employer. I am also scared about the customers making a claim against me”
Let us go step by step and take a look at:
According to the description of your accident, there are two possibilities.
As you are an employee, the laws of the UK are pretty clear here. By law, you are eligible to make a claim against your employer.
It is the duty of your employer to ensure your safety at work. It implies that your employer must ensure that the bottles are stored in a well-protected area and they don’t explode in the way you described. That is why you are eligible to make a claim against your employer.
The laws of the UK protect employees’ rights to making injury claims at work. The employer cannot fire workers for making work injury claims. If the employer is negligent about the safety of their work in the workplace and they sustain an injury in an accident, then employees can make a claim. In a case, your employer terminates you for making a claim, you can file another claim for unfair dismissal from the job. Thus, don’t be fearful of losing your job.
Fear not, because the customers cannot make a claim against you. Even if they have to make a claim, it would be against your employer and not you. The reason is that employers are responsible for the negligence of their employees. In legal terms, it is known as a “vicarious liability”. In simple words, even if a worker accidentally causes an injury to a customer, it is the employer who is responsible for it.
Hence, you and the customers can make a claim against your employer for it. In turn, your employer may make a compensation claim against the company manufacturing the champagne bottles.
Like other types of accidents at work, you have three years to make your accident at work claim. But before making your claim, make sure to have enough evidence against your employer. Plus, you should first complete your medical treatment. Go to an eye specialist for an eye injury you sustained. Also, get proper treatment for the cuts on your arm. Along with doing this, keep track of every document you have. It will be a great help in making your claim. Also, have a look at this
guide to the accident at work claims to know answers to all the FAQs about work accident claims.
To make a claim against your employer, you should have evidence that includes, witnesses, CCTV footage of the accident, medical reports, and some other documents relevant to the case. After that, you will write a letter of claim against the employer. After that, the insurance claims adjuster will investigate your case and you may get your compensation if you are eligible for it.
However, the process isn’t that smooth. Collecting evidence, dealing with your employer and the claims adjuster demands expertise in claims management. That's where we hop in to help you. Lawswood Claims is here to provide you with expert injury claim specialists who will handle your case according to their expertise. We won’t let go through any red tape and get you the maximum amount of compensation for your work accident claim. Get connected to us and book an appointment with us.
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