By: evelyn | Date: 2020-12-12
A workplace accident is a time of chaos. Most victims have no idea of what to do after an injury in a workplace accident. Due to this unawareness, they often take a step that may make the situation worse and deprive them of their right to make an accident at work claim. But there is no need to go through this misery anymore.
Though I have already written a post on what to do after an accident at work, it doesn’t give you detailed insights into each and every step. That is why we have decided to delve deeper this time. From the time of the accident to getting the compensation in your account, we will tell you everything to do after an injury at work.
Let us take a look at the step by step guide of what should you do after a workplace injury in the UK.
This one is the crucial step that you must take after a workplace accident. Immediately after the accident, you should get treatment from your workplace’s first-aider. In the UK, it is the legal obligation of every workplace to have a first aid kit and a first aider to meet any unfortunate incident. If you aren’t brutally injured after the work accident, the first thing you need to do is look for the first aider or ask your coworker to look for you.
Sometimes, the workplace injuries appear minor but it may become a lifelong condition without getting medical assistance. That is why get a proper assessment of your injuries from a professional medical practitioner. After getting back in your senses, go to a hospital. It is better to ask your work colleague to attend the hospital with you. Your primary focus should be your health than anything else.
The odds are that you may be working alone at the time of the accident. In this situation, make sure that your colleagues are aware of your injury at work. It will be a great help to you when you later decide to make an accident at work claim against your employer. In this way, your employers and the insurance company cannot deny the occurrence of the accident. Sadly, some employers do dispute the occurrence of the accident. But telling your colleagues can save you from this.
Moreover, always keep in mind that the employer may put pressure on your colleagues. Due to this pressure or the fear of losing the job, your coworkers may deny your workplace accident. Though this sounds pathetic, it’s a sad reality that several employers are practising in the UK. That is why you need bulletproof evidence to prove your workplace accident.
It doesn’t matter whether you plan to make an injury at work claim after an accident at work or not. Always alert your colleagues so that they don’t injure themselves in the accident. It is a question of your moral obligation.
Informing your colleagues about the accident isn’t enough. You should also let your manager know about the accident. Fulfil all of the accident reporting protocols of your workplace. Your employer is legally liable to report the injury to the Health and Safety Executive (HSE) depending on how the accident happened and how much time you were off work.
If you don’t report the accident to your manager, you may be in a breach of the staff manual/procedures. That is the reason it is crucial to report the workplace accident to your employer. It is best to avoid the blame-game at this stage. Don’t admit your responsibility for the accident. No matter how many people blame you for the accident or what you think, do not admit your fault. Let the experts decide it.
The next step you take after the workplace injury is the recording of your accident. In the UK, every organization must have an accident book if its number of employees exceeds a certain figure. There is a good chance that your employer may be reluctant to record your accident at work in their Accident Book. The reason is that they want to reduce accidents at work.
Never let your accident go unreported to avoid any future complications. Some companies like to flaunt their accident book with the minimum number of accidents. But do not let these illusive statements carry you away. Do everything it takes to record your injury at work in the accident book.
Even after trying your best, if the employer still refuses to record your injury at work, you should inform your manager in writing. It will help you give a paper trail or email as a piece of evidence. You can also write to your employer an email describing the accident and your injuries in it. The employer cannot delete even a single email you send to them. Hence, you can claim that you have fulfilled your duty.
Even after making this much effort, your employer may deny recording your accident. Then you have sufficient grounds to resign and make a claim for constructive dismissal. But don’t make any decision in haste. Before taking any such step, it’s best to consult with an injury claim specialist for a piece of better advice.
This is one of the most crucial steps to take after the injury in an accident at work. It is of great importance if you want to make a successful workplace accident claim. It will also be helpful for you to defend yourself against any false accusations for being negligent at the time of the accident.
Take out your phone and start clicking pictures of the workplace accident place. Not only pictures but also make a video on your mobile phone. Cover each and every corner for the accident place. It is crucial to get pictures and videos because your employer may not be able to fix the accident place to deny it.
If your own phone has broken in the accident or you are unable to click pictures and get videos on your own due to the injuries, ask your colleague to do this for you. Take as many pictures and make as many videos as you can at the accident place for better evidence.
After the workplace accident, you may not be able to rejoin your workplace for weeks or even a few months depending on how severe your injuries were. During this time, the employer may make certain changes to the workplace. They may fix the defective machinery, upgrade the systems or provide the workers with added safety equipment.
Some workers may be doing this to actually prevent any such accidents in the future. However, some may be cunningly covering up themselves. As you are away from the workplace accident, there must be someone who monitors all these changes for you and lets you know about them. It will be a great help for you to make your workplace accident claim accordingly. That is why you should ask a reliable colleague for help to notify you for each and every change made to the workplace after your accident.
Some employers may even carry out investigations in your absence and create a scenario that shows that you are at fault for the accident. That is where your colleague comes to your help and notices everything on your behalf and lets you know about all these activities.
Keeping an up-to-date list of all your symptoms is essential. No matter whether you jot them down on a paper or your computer, just keep a proper record. Though your nurses and doctors record these things, they don’t write all the symptoms. The doctor will only mention those symptoms that appear to be serious and ignore all the other ones.
There is a chance that a symptom that your doctor ignored thinking it to be trivial may prove fatal as the time passes. But if your doctor has not mentioned it in the initial reports, it may become really complicated to link these injuries to the workplace accident you are claiming for.
You may make your work accident compensation claim after years of your accident. It will be really complicated to associate your injuries to the accident at work you are making the claim for. There's a chance that you don’t want to write a diary. No worries, you can also record video footage where you can discuss all the symptoms you have after the accident.
You might have gone to the GP or hospital when sustained an injury after the accident. After recovering a little, you may have left your medical procedure in the middle of nowhere. Even if this is the situation, you should definitely go to a hospital or visit your GP till the time you are perfectly fine and your GP asks you to discontinue the medical procedure.
If you discontinue your medical treatment soon after the accident, the medical experts will consider your injuries to be minor in nature that only lasted for a few weeks or months. It is because a serious injury causes a person to get further medical attention that takes some months or even years in some cases.
It can have a negative impact on your work injury claim. The reason is that your medical experts determine the extent of your injuries according to the medical reports you have. It’s not you or your injury claim specialist.
If you have successfully made the injury at work claim after the workplace accident, your employer’s insurance company will pay the all medical costs that the NHS incurred on your medical treatment.
No matter what the end result of the accident investigation is, you should consider submitting a grievance to your employer. If you have sustained an injury at work due to the defective equipment, equipment, lifting overweight manually, slippery floor or some similar causes, you should complain to your employer about it.
If you have properly submitted a written grievance, you shouldn’t hold it against you. Otherwise, it is your legal right to bring a whistleblowing employment claim. Another benefit of the letter of grievance is that you have sufficient grounds to make a constructive dismissal claim in case your employer is unable to investigate your grievance properly. However, do consult with a professional injury claim specialist before taking any step.
The purpose of making a claim after the workplace accident is that you can have the same position you would be if the accident didn’t happen. It isn’t only the medical expense that you can recover in your accident at work. After the accident at work, you should record every penny you had to spend due to your workplace injuries. You can get your loss of earnings, bonus, promotion and possible future losses due to the same accident.
You can also make a claim for all the trips to the hospital and the travel expense you had to bear due to these trips. Injury claim specialists are best at doing such jobs and they can help you cover all these expenses in your injury at work claim.
It is best to record your expenses soon after they occur. Otherwise, you may forget to record it and pay it out of your own pocket. It may take more than a year to make a successful claim. Remembering all these expenses won’t be easy plus it won’t be credible either. Do keep in mind to take photos of all the receipts and send them to your personal injury claim.
There can be some useful pieces of information that your employer possesses. If this information is somewhat relevant to your case, it is your legal right to ask your employer to send you the copies of this information. It may include all the emails relevant to you, health files and everything else that is related to it.
If you want to submit a subject access request, you should do this before making your injury at work claim. Once the claim has started, the employer may deny having the information or make some other excuse. They can do this with the help of disclosure rules in personal injury claims as they are restrictive in nature.
Making a workplace injury claim isn’t something that everyone can do. There are a number of intricacies that may barricade you when it comes to getting a workplace injury claim. Without having an expert injury claim specialist to deal with your case, your employer and the insurance claims adjuster may deny your claim making even a trivial mistake as a base.
We have shared with you the 12 things that you must do if you get injured in an accident at work. Following these tips will help you make a successful claim without falling prey to the tricks of your employer and the insurance claims adjuster.
Lawswood Claims is here to assign the expert injury claim specialists on your case. Our claim specialists are experts in work injury claims. The best thing is that you don’t even need a penny to hire us. We offer a No Win No Fee principle. According to it, you don’t need to pay anything in advance or during the case. We will only charge you when you win your case and the compensation money in your account.
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