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Accident at Work as a New Employee: Know Your Rights

Learn more about your rights as a new employee

Starting a new job can be an exhilarating experience. You’re eager to make a positive impression, get to know your colleagues, and delve into your new responsibilities. However, along with the excitement, there’s always a level of uncertainty that comes with being a new employee. One of the concerns that may cross your mind is what happens if you have an accident at work. This article will explore the rights of new employees in the event of a workplace accident and address the question of whether you can be sacked for such an unfortunate incident. We also explore the options available to you for making an accident at work claim.

Your Rights as a New Employee

As a new employee, it’s essential to be aware of your rights, especially when it comes to workplace safety. The law in many countries, including the UK, grants certain protections to employees, regardless of their tenure with the company. These protections are in place to ensure your well-being and safeguard your interests.

Health and Safety Regulations

When it comes to workplace safety, your employer is legally obligated to provide a safe and secure working environment. This includes:

Proper Training

Your employer should ensure that you receive adequate training to perform your job safely, especially if you’re working in a potentially hazardous environment. This training may include how to use equipment, handle chemicals, or operate machinery.

Safety Equipment

If your role requires it, your employer must provide you with the necessary safety equipment, such as helmets, gloves, goggles, or other protective gear.

Risk Assessment

Employers are required to conduct regular risk assessments to identify and mitigate potential hazards in the workplace. This is a crucial step in preventing accidents.

First Aid

Adequate first-aid provisions should be available in case of injuries. This might include first-aid kits, trained first-aiders, or access to medical facilities in the vicinity.

Reporting Accidents

If you experience an accident at work, whether you’re a new employee or a seasoned one, it’s crucial to report it immediately. Your employer should have established procedures for reporting accidents. Ensure you follow these steps:

Notify Your Supervisor

Inform your immediate supervisor or manager about the accident as soon as possible. They can provide you with guidance on the next steps.

Record the Incident

Ensure the accident is documented accurately. This documentation is essential for any potential claims or investigations in the future.

Seek Medical Attention

If you sustain an injury, it’s important to seek medical attention promptly. Your health should always be the top priority.

Rights After an Accident

As a new employee, you have the right to certain benefits and protections if you’re involved in a workplace accident. These may include:

Statutory Sick Pay (SSP)

If you’re unable to work due to your injuries, you may be entitled to SSP. SSP is a form of compensation that your employer must provide in the event of illness or injury.

Compensation

 If the accident was caused by your employer’s negligence, you may be eligible for compensation. This can help cover medical expenses, loss of earnings, and other related costs.

Protection from Retaliation

It’s important to note that you cannot be dismissed or treated unfairly by your employer for suffering an accident at work. Your employer cannot discriminate against you for seeking compensation or taking time off due to your injuries.

Can I Be Sacked for Having an Accident at Work?

The fear of losing your job after having an accident at work can be a significant source of stress. However, the law in the UK provides protection against unfair dismissal in such situations.

Unfair Dismissal

The Employment Rights Act 1996 in the UK safeguards employees from unfair dismissal. If you are dismissed as a direct result of having an accident at work, it may be deemed unfair, and you could have a valid claim against your employer. To establish unfair dismissal, you must demonstrate the following:

Continuous Employment

You need to have worked for your employer for at least two years to qualify for protection against unfair dismissal. New employees may not meet this requirement initially.

Reason for Dismissal

You must prove that the reason for your dismissal was related to the accident. If your employer can demonstrate a legitimate and non-discriminatory reason for your dismissal, it may not be considered unfair.

Procedure Followed

Your employer must have followed a fair and lawful procedure when deciding to dismiss you. This includes conducting a proper investigation and providing you with an opportunity to appeal the decision.

Discrimination Protection

It’s important to understand that the law also protects employees from discrimination due to disability arising from an accident at work. If you sustain a long-term or permanent disability as a result of the accident, you are covered under the Equality Act 2010. This means your employer cannot treat you less favourably because of your disability.

Making an Accident at Work Claim with National Claims

When you find yourself in a situation where you believe you have been unfairly dismissed or subjected to discrimination following a workplace accident, it’s crucial to seek legal guidance. This is where National Claims can step in to support you through the claims process.

How National Claims Can Help

At National Claims, we understand that accidents at work can be life-altering events, especially for new employees who are just starting their careers. Our team of experienced solicitors specialises in workplace accident claims and is dedicated to helping you navigate the legal complexities involved.

Initial Consultation

Our process begins with an initial consultation where we listen to your story and gather all the necessary details about your workplace accident and subsequent dismissal. We provide you with a clear understanding of your legal rights and whether you have a valid claim.

Building a Strong Case

If we believe you have a valid case for unfair dismissal or discrimination, we’ll work diligently to build a strong case on your behalf. This includes gathering evidence, speaking to witnesses, and assessing the circumstances surrounding your accident and dismissal.

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Conclusion

Starting a new job as a fresh employee can be both exciting and nerve-wracking. Accidents at work are unfortunate events that can happen to anyone, regardless of their experience level. However, it’s essential to know your rights and protections when facing such situations.

As a new employee, you are entitled to a safe working environment and proper training. If you experience an accident at work, report it promptly and seek medical attention if necessary. Remember that you have rights, including Statutory Sick Pay and protection against unfair dismissal.

In the UK, the law is designed to ensure that you are not unfairly dismissed due to a workplace accident. If you believe you have been treated unfairly, you have the right to challenge your dismissal and seek compensation.

In the end, it’s crucial to prioritise safety in the workplace, and both employers and employees should work together to create a safe and secure working environment for all. By understanding your rights and responsibilities, you can navigate the challenges that may arise as a new employee and ensure a smoother journey in your new job. And if you ever find yourself facing unfair treatment after an accident at work, National Claims is here to provide you with the legal support you need to seek justice and protect your rights.

Contact us to get started on your claim and to learn more about how we deal with accidents at work.

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