Your Rights For Making A Claim After An Accident At Work

By: evelyn | Date: 2020-11-06

Have you been in a workplace accident? If yes, you can feel the miseries you have to suffer after this mishap. They are not just limited to financial problems but there is much more that you have to go through. Even if you haven’t been in an accident, you should still know about your rights. You never know when your regular working day may turn into a bummer. In this traumatic situation, if you are unaware of your rights, you may bear a huge loss. Most victims are unaware of what they can do after an accident at work and what they can’t.

You would have often heard that victims can make an accident at work claim if they have injured themselves in a workplace accident. But do you know why such a huge number of victims still remain deprived of their rights? It’s because they have no idea of what they can do after being in a workplace accident. They hold themselves back from taking any step by thinking that it may not be their right. Hence, they can never get their right. However, let’s put this to an end. We have prepared a list of the rights you have after getting injured in a workplace accident. 

Rights After An Accident At Work

Sometimes, employers do not have enough time to keep an eye on everything. Some things may go unnoticed. If you are having any kinds of safety problems, you should immediately deliver these concerns to your employer. For instance, you have noticed that a part of the machinery is loose. If left unattended, it may injure you or someone else. You should report this problem to your supervisor and ask them to repair it.

If they don’t pay heed to your attention you may conceive an injury in any workplace accident. In this condition, here the 12 rights you have after getting into an accident at work.

1. Right To Record Your Accident

Every business in the UK, that has 10 or more workers, is bound to have an accident book. This is a book where the workers can report their work-related injuries. It is your right to enter the details of the accident including its time and the description of how the accident happened.

When you injure yourself at the time of the accident, make sure to ask the relevant person to record your accident in this book. It will be a great help when it comes to making a workplace injury claim. At that time, the manager cannot deny that they don’t know about the accident.

2. Right To Photograph The Accident Place

If you have injured yourself in a workplace accident, make sure to take pictures with your phone camera. If your injuries are severe, ask your coworkers to do it for you. Photograph the place of the accident from every possible angle and show your injuries in pictures. Also, take pictures of the personal belongings that have been damaged in the accident. It will help to make your injury at work claim stronger and you may get more compensation. It is your right to take pictures of the accident and you should use this right in your favour.

3. You Cannot Be Forced To Work

Sometimes, the injuries are minor that may not require you to be off work for too long. But some accidents may result in grave injuries. They may result in broken bones or severe wounds. No matter what the case is, you may need to be off work for some weeks or even months.

During this time, the employer cannot force you to rejoin the work. You should only come back to your work when you are perfectly fit for doing it. The employer cannot sack you during this time or not come back to work when you are injured. It is your right to have these rest days as you have sustained injuries while doing your office work.

4. Right To Get CCTV Footage

There are millions of cameras on the UK streets. Not only this but the people have installed the CCTV cameras in their homes, offices, and restaurants, etc. There is a good chance that you will find a CCTV camera at the place of the accident. It is your legal right to request a copy of this footage to use it when making an injury at work claim. It will make your case stronger and help you prove your stance. Hence, you increase the chances of winning your case and getting a workplace accident claim.

5. You Can Visit Your Health Specialist

Workplace accidents can be serious and may require you to go to a doctor. Even if they are minor, you should go for a proper checkup and follow the medical procedure. It is because the medical reports hold value when making an injury at work claims. You cannot only win your work accident claim using these reports but they are also helpful in maximizing the amount of compensation.

Your employer or the insurance claims adjuster may recommend you to visit a certain doctor for proper checkup. But it’s better not to go there. They may not work in your best interest and provide you with substandard medical treatment. You have the authority to choose the medical specialist from whom you want to get proper treatment.

6. You Can Make An Accident At Work Claim

As mentioned earlier, your employer is responsible for your safety at work. If you are unsafe, you should convey your safety concerns to your senior. If they overlook these concerns and you conceive an injury at work, you are eligible to make a work injury claim. As the accident was not your negligence, it is your right to make an injury claim at work. After the accident, you have 3 years to file your claim against the employer. During this time, you can claim your compensation whenever you want.

7. You Cannot Be Forced To Sign Medical Release

When dealing with the claims adjuster, you need to be extra vigilant. These friendly behaving adjusters are actually working for the insurance company. They try their best to either deny or minimise your compensation money. One of their tactics is to ask the victims to sign a medical release.

It is a document that permits the adjusters to directly get your medical history from your health specialist. In this way, they dig out all your medical history and try to relate your injuries with some old accidents that you had gone through. Hence, they try to minimise your compensation money. You cannot be compelled to do this. It’s better to politely refuse to sign any medical release if you are asked to.

8. You Cannot Be Compelled For Giving A Recorded Statement

After the initial investigation of the case, the insurance adjuster may require your permission to get a recorded statement about the accident. It is always a bad idea to give them permission to do this. They may ask such questions that may trap you and question the validity of what you are claiming for. You may use the words “I guess” or “I think” and hurt your case. They are professionals in dealing with victims and know how to trap and deny the accident at work claims of the victims. If you want to make your case strong, it’s better not to permit the insurance claims adjuster to get your recorded statement.

9. You Have a Job Security

One of the main reasons why such a large number of victims do not make workplace injury claims is their job security. Making an injury at work claim is not easy when you have to make it against your own employer. Mostly, victims often hold themselves back from filing work injury claims thinking that they will lose their job if they do this. But the laws of the UK provide you safety in this regard. No person in the UK can be dismissed from their job for making an accident at work claim.

10. You Can Claim Unfair Dismissal If...

Though laws protect the workers against their unfair dismissal from the work for making work accident claims, some employers still sack their workers for doing this. But fret not when you know about your rights after the accident at work. It is because you can file an unfair dismissal against your employer for getting sacked just because you filed a work injury claim.

11. You Can Make Stress At Work Claim If...

The employer may not fire you for making an injury claim at work. But they have another tactic to make you bear the brunt of making a workplace accident claim. They may start discrimination against you on work. You may get an extra burden of work, work for long hours, you may get tight deadlines out of employer’s rage. All these things may lead to stress or anxiety. In this case, you can file stress at work claim. Hence, you are safe from every angle and there is nothing to stop you from making an injury at work claim.

12. It's Your Right To Hire Injury Claim Specialists

There is no need to take the case in your own hands. Going through the hassling procedure of making a claim, dealing with the claims adjuster and collecting the evidence is not easy at all. It not only demands money but also consumes your precious time. Plus, having a lack of knowledge adds to the problems you face. Why not let the experts handle your case?

It is your right to hire an injury claims specialist to handle your case. If you have conceived an injury at work, Lawswood Claims is here to help you out with it. Our expert injury claim specialists will help you out at each step of making a work injury claim. We handle all the formalities on behalf of our clients and do not let them go through any red tape. Just get connected to us and book an appointment now to talk to our experts.

Rights Before An Accident At Work?

Before delving into the list of your rights after an accident, it is relevant to know about the responsibilities of your employer. There are certain responsibilities that your employer has about your safety at work. What are they?

  • It is the job of your employer to provide you with a safe working environment. 
  • You should be properly trained to use the machinery. Without this training, you cannot be compelled to work with it. 
  • The employer should carry out risk assessments to train the workers for any mishap. 
  • You should get all types of safety equipment you need to work.
  • The employer should conduct a proper check and balance of the machinery to ensure that the employees are working with safe machinery. 

The duties of the employer are not just limited to those mentioned above. But these are the most prominent duties an owner must fulfil to ensure the workers’ safety at work.

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