It’s that time of year again when employers begin to recruit seasonal staff to cover the busy Christmas and New Year period. However, we tend to think of it as seasonal industrial injury season, due to the influx of new workers in a pacey atmosphere.
In particular, large-scale dispatch centres operated by the likes of Amazon and Hermes will be taking on additional staff. Their goal is to cope with the rise of demand in the run-up to Christmas. Especially as people order presents for, and send packages to, friends and relatives.
Those who live close to a large dispatch centre or warehouse are surely well aware of this. You may have seen adverts in your local area looking for warehouse operatives, delivery drivers and the like.
Regular versus Seasonal Industrial Injury Rights
Indeed, there are differences between the range of employment rights for full-time employees of a company. Especially depending upon their length of service and those granted to temporary seasonal staff, industrial and workplace safety legislation, such as the Health and Safety at Work Act, protect everyone in a workplace regardless of their employment status.
Put simply, it is against the law for your employer not to follow the legislation. Therefore, ignorance of their obligations towards employees is not an excuse.
As a result, employers take on additional staff to cover seasonal demand during busy periods. But it’s absolutely imperative they ensure these temporary staff members still receive full training. Especially if they use any machinery as part of the role. Moreover, the employer must ensure employees are fully aware of all workplace health and safety processes.
Working in warehouse and factory environments can be particularly dangerous and fraught with potential health and safety hazards. These workplaces can be noisy, and they also feature-heavy industrial machinery.
Moreover, there’s also the issue of pace in these working atmospheres. In short, they engender a work environment that’s particularly fast. In essence, there are multiple people moving around on a regular basis, some of whom could be driving fork-lift trucks, too.
Typical examples of industrial injuries
In essence, examples of season industrial injuries can include the following.
- Electric shock;
- Eye injuries;
- Head and brain injuries;
- Fractured bones and dislocated joints;
- Back and spinal damage;
- Muscle strain;
- Slips, trips, and falls;
- Falls from height;
- Exposure to dangerous substances, and;
- Chemical burns.
Truly, it’s your responsibility to ensure you operate any machinery as you have been trained and in a safe and responsible manner. However, the employer has a responsibility to make sure you:
- receive that training;
- fully understand it and;
- are capable of carrying out your tasks accordingly.
Therefore, if you do suffer an industrial injury while working in a seasonal role; and we can prove that your employer fails in their responsibilities; you can pursue compensation.
Turn to a seasonal industrial injury law specialist
Specifically, seasonal industrial injury claims are a specialist area of personal injury law. It’s also worth knowing that the damage from an industrial injury may not be clear until years after. For example, the development of industrial deafness or an asbestos-related disease can take a long time to become apparent.
At The Compensation Experts, we work with specialist law firms with a proven track record in industrial injury compensation claims. After your initial free consultation with our advisors, we’ll match you with the firm who suits your case best.
With your own specialist solicitor working on your case, you’ve got a partner. That means a fully dedicated service with a commitment to your unique seasonal industrial injury claim.
Obtaining Experts Reports for Seasonal Industrial Injury Claims
As experts, the solicitors we collaborate with also know that there is always a wealth of areas to cover. From medical specialists to the industrial line of work you’re in, it’s always wise to tap that knowledge for your case. Accordingly, we seek to strengthen your case with their expert testimony.
We’ll also obtain medical and industry expert reports if needed to help advise you on the strength of your case. If you do then decide to progress your case, your solicitor will commence with putting your case together.
- They collect any and all evidence;
- If possible, contact any available witnesses, and;
- We’ll also go over the case with you regularly, especially when it comes to new information.
We do all of this in order to help us build the strongest possible case for your compensation claim to succeed. This evidence aims to do several things to ensure the amount you receive is fair.
- Prove your entitlement to compensation, and also;
- Show the extent of your physical, emotional and financial suffering.
Next, they look through your claim request and carry out their investigation. Then, your employer’s insurance company will either make an offer of compensation or will deny liability. Please be aware that offers at this stage are usually low. Especially if you compare them with the results of other recent settlements.
The solicitor’s role is to advise you how good the offer is. Then, if you don’t accept it, negotiate with the other side to find an acceptable level of compensation.
What kind of compensation amounts are we talking about here?
Compensation amounts are not plucked out of thin air. They are calculated by looking at General and Special Damages.
General Damages account for the physical or psychological trauma you suffer, including your prognosis for recovery. Additionally, they will also include the wages you have lost while recovering from an injury.
Special Damages, meanwhile, account for any financial expense caused by your accident. This can include
- Paying for prescriptions;
- Obtaining reasonable private medical care, and;
- Costs for any additional nursing or care.
You’ll need to prove that you incur all these costs too, so be sure you keep all your receipts.
But if you’re not sure if Special Damages covers an expense, ask your solicitor. In addition, Special Damages may include compensation for future lost earnings. Particularly if the injury you suffer is so severe you are unable to continue working in the same role.
With the right legal support, most industrial compensation claims find a resolution – all without the need to go to court. As a result, you’ll be able to save yourself both money and time through negotiation.
But your employer might refuse to accept liability, or you can’t agree on an acceptable amount of compensation. If so, the solicitor may recommend you submit your claim to court.
This action needs to happen within three years of the date of the injury*.
Negotiations will continue even when they set a court date has been set. Accordingly, it’s common to reach an agreement hours before the court hears the merits of the claim.
Illness claims over 1 million workers a year
The latest figures for 2018/19 from by the Health and Safety Executive paint a telling picture about the claim. In all, 1.4 million working people in the UK suffer from a workplace illness. In addition, the report lists 69,208 injuries to employees n the last year.
Clearly then, workplace accidents and industrial injuries are unfortunately far more commonplace than they should be. Because of this, we and the legal firms we work with have a lot of experience in these cases.
In short, we’re capable of helping you get the maximum amount of compensation you deserve.
*Also, when they definitively determine that the blame for your symptoms falls on your job.