Had an injury at work? Your rights explained
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With an injury at work, the rights of the individual are definitely worth knowing and understanding. It’s a common occurrence, too: nearly 35.2 million workdays in the UK were lost due to injury in 2022-23.
Certainly, offices are generally safer than areas where you must commit to manual labour tasks, such as construction sites. But these days, offices still hold the risk of common workplace injuries, that you should be aware of.
This guide will help those suffering injury in the office to know their rights.
I Had an Accident at Work – What Are My Rights?
Whether you’ve tripped over some loose wires or slipped on a wet patch on the floor, as a worker, you are entitled to accident at work rights. That means, you have the right to:
- Make an injury at work claim against your employer if they are at fault for causing your injury
- Get medical attention immediately for any injury that you contract in the workplace
- Report any safety issues or concerns
- Get compensation for your injury and have time off work to recover
- Return to your workplace without harassment when you recover from the injury
- Join a trade union for advice and support
- Receive suitable sick pay (either Statutory Sick Pay (SSP), or contractual sick pay – or both) while you’re off work recovering from the accident
- Request reasonable adjustments when you return to work
Regarding your legal rights, you might also benefit from legal representation to appeal any court decisions made in injury cases.
What Should I Do If I Get an Injury at Work?
If you’ve encountered an injury in the workplace, it might help to follow this step-by-step accident at work procedure:
Get medical assistance
Firstly, seek immediate medical assistance for any injuries you have suffered.
It’s important to attend to any injuries you have first before reporting the accident to your employer or you start gathering evidence.
Report the incident
Once you’ve been medically attended to, promptly report any accident that’s happened at work to your employer, or to any member of staff who can handle the report appropriately.
Your company’s policy may require you to fill in an accident book – or, you may be required to complete an online submission to report your accident. Your employer will advise you on the best way to officially report your accident.
Gather evidence
Taking photographs of the accident (if applicable) is a helpful way to provide evidence to back up your claim.
For example, a photograph of a wet patch on the floor with no ‘wet floor’ sign would be useful to prove your employer hadn’t followed health and safety regulations in this instance.
You should also take any photographs of the injuries you’ve sustained as a result of the accident – for example, a cut or wound, or a swollen ankle.
Can I Lose My Job If I Have an Accident at Work?
Legally, no – you cannot be dismissed for making a claim against your employer, unless the injury sustained was as a result of your gross negligence.
Legal action can be taken if you’re dismissed as a result of an accident at work that wasn’t your fault, as this could be classed as unfair dismissal.
Can I Get Sick Pay Following an Accident at Work?
To understand if you will receive sick pay following an accident at work, you’ll likely need to first check your employment contract.
It should outline whether you’re entitled to Statutory Sick Pay (SSP), or if your company provides a higher rate of contractual sick pay which you could receive. This could, at least in part, cover your loss of earnings.
To qualify for SSP, you would need to earn a minimum of £123 per week, and be off sick from work for four consecutive days or more (this can include non-working days).
If you’re not sure, it’s best to check with your employer, as they may also offer a higher rate of contractual sick pay that pays more than SSP.
If you do not earn above the threshold for SSP, you might be able to claim Universal Credit or Employment and Support Allowance.
Can I Claim Workplace Injury Compensation?
Yes – if you’ve suffered injuries as a result of an incident at work where your employer was at least partly to blame, you can make a personal injury claim.
Employers are legally obligated to provide a safe working environment in correspondence with health and safety regulations under the Health & Safety at Work Act 1974.
You may be entitled to compensation if you’re injured as a result of your employer’s negligence to health and safety regulations.
Often, fear of how this could affect you at work can prevent people from making workplace injury claims. But, if this injury has affected you physically and/or mentally, and it wasn’t your fault, you could be entitled to compensation – and your legal team will support you through the process.
Get In Touch & Talk To Us About Workplace Injuries
At the Compensation Experts, we work with employment injury lawyers and specialist workplace accident law firms. We have years of experience in handling cases and getting compensation for victims.
If you have a claim relating to workplace accidents, contact us to start the process of getting fair compensation for your injury.
