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I had an accident at work, what are my rights?

Find out more about your rights if you have had an injury at work

If you find yourself in a situation where you’ve had an accident at work, it’s natural to have concerns about your rights and what you’re entitled to. In the UK, there are specific laws and regulations in place to protect workers in such circumstances. This article aims to provide you with a comprehensive understanding of your rights and entitlements when you’ve had an accident at work.

Understanding Your Rights

The first question that may come to mind after an accident at work is whether you’re entitled to full pay during your recovery period. The answer to this question depends on the specific circumstances of your accident and the terms outlined in your employment contract.

In general, most employees in the UK are entitled to Statutory Sick Pay (SSP) if they are unable to work due to illness or injury. SSP is a statutory minimum payment provided by the government and is subject to certain eligibility criteria. As of the time of writing, the SSP rate is £96.35 per week.

However, many employers have their own sick pay schemes that go beyond the minimum legal requirement. These schemes may provide full pay or an enhanced rate for a specific period of time following an accident at work. Therefore, it’s crucial to check your employment contract or consult your company’s HR department to understand your entitlements accurately.

The Timeframe for Making a Claim

Another important aspect to consider is the timeframe for making a claim following an accident at work. In the UK, there are strict time limits within which you must initiate a claim. Generally, the time limit is three years from the date of the accident or from the date you became aware of your injury or illness. This time limit is known as the limitation period.

It’s essential to be aware of this limitation period, as failing to initiate a claim within the specified timeframe may result in your claim being time-barred. However, it’s advisable to take prompt action and seek legal guidance as soon as possible after the accident to ensure all necessary evidence is gathered and your rights are protected.

Your Legal Options

When you’ve had an accident at work, there are different legal options available to you, depending on the circumstances. Here are a few possible scenarios:

Personal Injury Claim: If your accident was a result of someone else’s negligence or a breach of health and safety regulations, you may be eligible to make a personal injury claim against your employer. This claim seeks compensation for your physical and psychological injuries, loss of earnings, medical expenses, and other related costs.

Employer’s Liability Insurance: In the UK, employers are legally required to have employer’s liability insurance to protect their employees in the event of workplace accidents. If you’re injured at work, this insurance may cover your claim for compensation, and it’s typically the insurance company that pays out rather than your employer directly.

Industrial Injuries Disablement Benefit: If your accident at work has resulted in a long-term or permanent disability, you may be eligible for Industrial Injuries Disablement Benefit (IIDB). This benefit is provided by the government and is designed to compensate individuals who have suffered a work-related illness or disability.

Seeking Legal Guidance

Navigating the legal complexities of an accident at work can be challenging, especially when you’re dealing with physical or emotional injuries. Seeking legal guidance from us at National Claims, where we specialise in personal injury claims is highly recommended.

We can assess the details of your case, guide you through the claims process, and help maximize your chances of receiving fair compensation. They will handle all the necessary paperwork, gather evidence, and negotiate with the relevant parties on your behalf.

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Having an accident at work can be a distressing experience, but it’s important to know that you have rights and entitlements under the law. The Health and Safety at Work Act places the responsibility on employers to provide a safe working environment and take measures to prevent accidents.

If you’ve had an accident at work, it’s crucial to understand your rights regarding sick pay, the timeframe for making a claim, and the legal options available to you. Seeking legal guidance from us at National Claims can greatly assist you in navigating the process and ensuring that your rights are protected.

Remember, every case is unique, and the specific circumstances of your accident will determine the course of action. By being informed, seeking appropriate legal guidance, and taking prompt action, you can assert your rights and potentially receive the compensation you deserve for the injuries and losses you’ve suffered due to an accident at work.

Contact us today to discover more information about your rights when starting your claim regarding your accident at work.

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