Your employer has a legal duty of care to ensure a safe and hygienic environment for you at work. This includes making sure employees have adequate training, are provided with the proper equipment and machinery to carry out duties, and ensure any risks are assessed.
Our team of specialist personal injury solicitors have been successful in winning accident claims and supporting clients across Scotland for more than 30 years. We can help you secure the justice and the compensation you deserve, providing expert, jargon-free legal advice that will help you achieve the best possible outcome.
What constitutes as an accident at work?
There are a wide range of regulations which cover an employer’s duty of care towards employees, including the Health and Safety at Work Act 1974. For an accident to be deemed worthy of compensation, it must be foreseeable and caused by someone else’s negligence.
If your injuries were due to your own negligence, you won’t be eligible for workers’ compensation as this kind of accident is considered self-inflicted. It’s important to document as much as you can to evidence who was at fault for the incident.
Who is responsible for a workplace injury?
The first step in building a compensation claim is to establish who was responsible for the accident.
• If an employee has been injured due to an unsafe working environment or lack of training, then the employer may be held responsible for compensation payments. Employers that are negligent toward their staff will be held accountable for an injury claim.
• An employee must take reasonable care when performing their duties to avoid injury – including making sure any equipment used is in good condition and that they wear appropriate PPE (personal protective equipment). If an employee fails to follow these guidelines, then they can be held liable for their own injuries.
• In some cases, people who aren’t directly involved in workplace accidents may also be liable if they caused them through negligence or carelessness, i.e., contractors, or visitors who entered areas where they shouldn’t have been allowed access.
FAQs
• You have three years to start a claim, but acting quickly will improve your chances of a successful claim.
• Your personal injury solicitor will need to prove that the accident was the fault of your employer, or someone contractually employed by them. This means that gathering the right evidence is crucial when it comes to your claim.
• Compensation is based on the extent of your injuries, and any costs and expenses relating to your injuries.
• Our no-win, no-fee policy means you can start a claim with peace of mind.
The cause of your injury could be wide ranging. Our personal injury specialists have seen all manner of circumstances lead to an accident, for example:
• Manual handling claims
• Slips, trips, and falls
• Improper or lack of PPE or training
• Faulty machinery, equipment, or storage
• Exposure to chemicals or dangerous substances
• Repetitive strains, stresses, or conditions such as vibration white finger
This list is not exhaustive, and workplace injuries tend to vary greatly depending on your job and the industry you work in. In any case, it’s important you seek a personal injury specialist who can give you expert legal advice.
It’s understandable to feel anxious about the repercussions of filing a claim. However, if you were not at fault, legally you cannot be dismissed as your employers would be breaking the law. If you are let go after making an accident at work claim, this could be classed as unfair dismissal. Also, if your employer threatens or otherwise makes your life difficult and you resigned as a result, this could give you grounds for a constructive dismissal case.
If you’re injured at work, your employer’s liability insurance helps simplify the claims process. All employment businesses and organisations in Scotland are required to have employer’s liability insurance to cover employment claims, and this is what pays in the event of a successful claim.
We understand that being in an accident can be traumatising and making a claim for compensation might seem daunting. However, winning compensation for someone else’s negligence in causing an accident at work can play an important role in getting your life back on track, enabling you to access any medical treatment or rehabilitation you need, adjust your home and lifestyle, and offsetting any loss in income over the short or long term.
We might ask for some information to help process your claim. Don’t worry if you don’t have everything at first – there might be other ways that we can get the details:
• The name and address of who was responsible for your accident. This could be your employer, a contractor, etc
• Names and contact details of any witnesses to the accident
• If possible, photographs of where the accident happened and any details, for example the state of faulty wiring, if there was a wet floor sign in view, etc
• Photographs of your injuries and any other damage
• A description of the position and movements of the people involved in the accident, for example if there was equipment involved, PPE (Personal protective equipment), etc.
We can help you secure the resources you need, whether that means medical treatment, financial compensation, or both. We provide a comprehensive accident claims service, including operating on a no win, no fee basis. We have helped many victims and their families throughout the claims process and are ready to support you at this difficult time.
Our experienced team are on hand to guide you every step of the way, and we will be sure to handle your circumstances with the utmost sensitivity.
The compensation you can claim for will depend on the accident and how your injuries have affected you. We will make every effort to understand the effects of the accident to get you the compensation you deserve. There are several factors considered before an offer is made, for example:
• Your personal injury – the nature of your injuries and any physical pain and suffering because of the accident
• If your injuries meant you were unable to work, you can claim for loss of earnings
• If your injuries affect your ability to work in the future, you can claim for compensation to reflect the difficulties you may face at work. This includes a lack of promotions, pension entitlement, etc.
• If your family members helped care for you due to your injuries, this is factored into the compensation amount
Why choose Gildeas Solicitors?
We understand the importance of keeping you up to date throughout all stages of the claims process. Our dedicated New Claims hotline is based in Glasgow, meaning we can respond to you more quickly.
By choosing Gildeas, you benefit from access to our In-House Counsel of topline legal professionals. We’re committed to providing you with only the highest standard of legal representation.
We’re experts in personal injury law. Our solicitors are accredited specialists in personal injury by the Law Society of Scotland, the regulatory body for lawyers.
As a modern firm, we understand how hectic life can be, especially after an accident. Our streamlined claims process means we can correspond in a way that suits you – whether it’s by phone or email, video link, or by visiting you at home or in hospital.
CONTACT USNo matter the circumstances of your accident, we’ll act quickly to make sure your compensation claim is as hassle-free as possible. If you’re interested in making a compensation claim for an accident at work, reach out to us today for a confidential discussion.
Gildeas Solicitors is a recognised law firm specialising in personal injury claims, supporting you throughout Scotland from our offices in Glasgow and Edinburgh. We’re passionate about what we do, whilst putting our clients’ interests first. That’s why we make personal injury personal. Considering our services? Call our dedicated New Claims team today on 0141 331 6070.
