Is Camera Footage Acceptable For Injury At Workplace Claim

By: admin | Date: 2021-01-29

You may consider CCTV cameras at work to be an invasion of your privacy, but they can be a great help in getting your work injury claims. CCTV cameras aren’t just to monitor the staff. But the workers can also use their footage to make it easier to get an accident at work claim.

Experts may advise you to get a copy of the CCTV footage to get your work injury claim. But have you ever wondered how CCTV cameras can be helpful for you? Is security camera footage admissible in court for making a work accident claim? Can you get the CCTV footage from your employer? If yes, then how?

Almost all the workplaces are equipped with CCTV cameras. There is a good chance that they may have captured your work accident. Then why not use this in your advantage to make a successful injury at work claim?

If you know how to use cam footage in your favour, you can get your compensation money with much less hassle. Let’s get started to know everything about CCTV cameras’ role in getting injury at workplace claims and some FAQs about them.

Can You Request The Employer For A CCTV Footage?

There are certain rules for using CCTV cameras in the workplace. One of these rules is that employees can request to see their footage. An employer can see their footage but cannot request to watch someone else’s recordings. They cannot request to access the camera footage of their colleagues.

Hence, if you had an accident at work and there is a surveillance camera in that place, you have a legal right to request that footage. Keep in mind that you can only request to see the footage in which you appear. Other than that, you can’t.

How To Ask Your Employer For The CCTV Footage?

Most workers don’t know that they can, in fact, request a copy of the CCTV footage in which they have appeared. Even if they do know, they request the managers verbally which is mostly denied. But that’s not the way it works.

To ask your employer for a CCTV footage, you should make a Subject Access Request, aka SAR, to the employer. The employer must respond to this request within 40 days and provide you with footage that you have requested. It is your legal right to get this CCTV footage. Thus, don’t hold yourself in making a Subject Access Request for the CCTV footage.

Guidelines For Using CCTV Cameras At Work

Though CCTV cameras can be a great help in getting your injury at work claim, employers have certain restrictions when it comes to their use. There are certain rules that the employers must abide by.

The employers must fulfil the requirements mentioned under the Data Protection Act 1998 (DPA) and the privacy rights under the Human Rights Act 1998.

As per the guidance under section 29 and section 30 (1) (a) of the Protection of Freedoms Act 2012, there is a Surveillance Camera Code of Practice. Employers who want to use surveillance cameras must act in accordance with this code. Here are a few most prominent guidelines for using CCTV cameras in the workplaces.

  • The staff must know that there is a CCTV camera in the office.
  • The staff should also know the location of every CCTV camera.
  • The employer shouldn’t place the cameras in high-privacy places such as near bathrooms, changing rooms and break areas.
  • The employers should collect and store data in accordance with the Data Privacy Act guidelines.
  • The footage should be stored in such a way that it is protected from unauthorised access.

Is CCTV Footage Admissible In Court For Accident At Work Claims?

This one is a bit tricky. There are a number of people who believe that CCTV footage is admissible in the court. While others have the opposite opinion. Actually, both of them are right.

Are you doubtful about the admissibility of the CCTV footage in the court? If yes, you are in the right place.

No doubt the CCTV footage is admissible in the court. But there are certain conditions for it. Every piece of footage isn’t admissible in it. These are a few but aren’t limited to, conditions that make camera footage admissible in the court in work injury claims cases.

  • The footage must be clear and it should help to figure out who was at fault for the accident.
  • It should show the accident properly.
  • The footage should show a proper timestamp with the date.
  • The CCTV footage must not be tempered. Any tempered footage may not be admissible as a piece of evidence.

In short, if the CCTV footage complies with the restrictions under the Data Protection Act, it may be admissible in the court.

How Does A CCTV Footage Help You Get Injury At Work Claim

You will find a number of posts on which you should request a CCTV footage to help you win your case. Have you ever wondered what makes this footage so crucial in getting work injury claims? It helps you prove your innocence. With the CCTV footage, you can show that you have sustained injuries due to the inadequate safety measures. Plus, you can also prove violence at work with this footage.

Not only CCTV but dashcam footage is also a crucial piece of evidence if you had an injury in a car accident. It is also admissible in the court. Dashcams can help you make a successful road accident claim. For example, you have sustained an injury in an accident while driving for your employer. In such a case, dashcam footage can be a vital piece of evidence for you to prove your innocence.

Want To Make An Injury At Workplace Claim?

If you have sustained an injury at work you may be eligible to make an accident at work claim. Get connected to us and we are here to assist you at each step of making an injury at work claim. From collecting evidence to proving your innocence and maximising your compensation money, we will cater to everything. Book an appointment now and discuss your case with us to make a claim.

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