How do you prove an injury is work related?

Worker with a hammer in side pocket facing supplies

All employers have a legal obligation to ensure that they maintain a safe work environment for their employees by fully cooperating with the Health & Safety law. 

You should not worry about your employment being put in jeopardy due to you making a claim for compensation. If your employer did try to use this against you and dismiss you from your position you would have ground for a constructive dismissal case.

As part of the Health and Safety law employers must – 

  1. Carry out risk assessments. 
  2. Explain how any risks will be controlled.
  3. Provide washing facilities, toilets and drinking water. 
  4. Provide First Aid facilities.
  5. Provide employees with Personal Protective and Safety equipment (PPE).
  6. Provide Health and Safety training.
  7. Have Employers Liability Insurance incase of accident, illness or injury.

If an employer fails to meet these laws and an accident follows, they are liable and you are legally able to make a claim for compensation.

Making a claim

Claims need to be raised within three years from the date of the accident except when – 

  • The victim is under 18 years old. In these cases they have until their twenty-first birthday to make their claim. 
  • The victim lacks mental capacity. 

It is always better to speak to your legal team as soon as possible whilst the details are still fresh in both yours and your witnesses minds. 

What to do if your employer does not accept liability

In cases where your employer does not accept liability, you will need to prove your case with the help of your solicitor. This is done in a number of ways. 

  • Your statement will be taken, detailing exactly what happened. It is important that this statement is taken in your own words and that you are not pressured into making a false statement. 
  • Documents related to your training and any machine faults will be collected. 
  • Your medical records will be obtained. You may also need a statement from the doctor or consultant who is treating your injuries.
  • Witness statements will be taken from anyone who was there at the time of the accident. 
  • If there is CCTV then the recordings of this can be used as evidence.
  • Your legal team may visit the site of the accident. 
  • An engineer or other experts may be called upon to comment on the specific issue that caused the accident. 
  • A statement will also be taken from your employer and the Health & Safety Executive.

Settling your case

If your employer accepts liability then most cases can be settled out of court, where they are denying responsibility you may need your Solicitor to take the claim to court. The length of time from you making your claim to the settlement can take between three months to two years. This varies greatly depending on how cooperative each party is.

You should not worry about your employment being put in jeopardy due to you making a claim for compensation. If your employer did try to use this against you and dismiss you from your position you would have ground for a constructive dismissal case. 

Although the idea of having to prove your case may seem daunting, if you and your Solicitor firmly believe that your employer is at fault then do not let this deter you. The Health and Safety law is there to keep you safe and is heavily protected. 

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