Personal injury claims for workplace accidents: What to do if you suffer injury or illness


Workplace accidents: Know your rights to make sure you’re safe on the job

With more than a million people suffering from work-related illnesses or injuries last year, it’s important to know your rights

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  • 12:18, 9 SEP 2013
  • Updated 14:58, 7 DEC 2015
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While you are at work, your employer has a legal duty to protect you and tell you about health and safety issues that affect you.

They also have a legal responsibility to report certain accidents and incidents, pay you sick pay and give you time off because of an accident at work should you need it.

The most recent HSE figures, for the period covering 2011/12, showed:

  • 1.1 million working people suffering from a work-related illness
  • 172 workers killed at work
  • 111 000 other injuries to employees were reported under RIDDOR
  • 212 000 over-3-day absence injuries occurred (LFS)
  • 27 million working days were lost due to work-related illness and workplace injury
  • Workplace injuries and ill health (excluding cancer) cost society an estimated 13.4 billion in 2010/11

Reporting an accident at work

Any injury at work, including minor injuries, should be recorded in your employer’s ‘accident book’.

All employers (except for very small companies) must keep an accident book.

An accident book is mainly for the benefit of employees, as it provides a useful record of what happened in case you need time off work or need to claim compensation later on, but recording accidents also helps your employer see what’s going wrong and take action to stop accidents in future.

Under the Reporting of Injuries, Diseases and Dangerous Occurences Regulations (known as RIDDOR), your employer has a duty to report work-related accidents, diseases and dangerous incidents to Health and Safety department at your local authority.

These include deaths, major injuries (for example a broken bones), dangerous incidents (like a scaffolding collapse), people overcome by gas and any other injury that stops an employee from doing their normal work for more than three days.

Although the reporting must be done by your employer, if you were involved in an incident, it’s a good idea to make sure that it has been reported correctly.

Who is responsible?

As well as reporting work-related accidents and illnesses, your employer also has an obligation to to carry out a risk assessment and do what’s needed to take care of the health and safety of employees and visitors.

This includes deciding how many first aiders are needed and what kind of first aid equipment and facilities should be provided.

First aiders have no statutory right to extra pay, but some employers do offer this. Employees must also take reasonable care over their own health and safety.

Sick pay

In most cases, if you need time off because of an accident at work, you’ll only have the right to Statutory Sick Pay. Your employer may have a scheme for paying more for time off caused by accidents, or may decide to pay extra depending on what has happened.

Compensation

If you’ve been injured in an accident at work and you think your employer is at fault, you may want to make a personal injury claim . Any claim must be made within three years of the date of the accident and you’ll normally need a lawyer to represent you. If you belong to a trade union, you may be able to use their legal services. Otherwise, you should speak to a specialist personal injury lawyer.

Some lawyers will take your case on a ‘no win no fee’ basis. By law, your employer must be insured to cover a successful claim and should place a certificate with the name of their employer’s insurance company where it can be seen at work. If not, they must give you the details if you need them.

What to do if you have an accident at work?

  • make sure you record any injury in the ‘accident book’
  • if need be, make sure your employer has reported it to the Health and Safety Executive
  • check your contract or written statement of employment for information about sick or accident pay
  • if there’s a dispute, try to sort it out with your employer

Can you make a claim?

Finding out if you could make a claim is simple, just take the 30 second test below or visit the


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    Car Insurance Claims: Dos and Don’ts

    If you’re involved in a car accident, it’s important you maintain appropriate communication with your insurance company. The following are some do’s and don’ts to remember throughout the insurance claims process.

    Prepare yourself in advance by printing this helpful pamphlet on first steps after an auto accident, and storing it in your glove compartment. It has itemized steps you can check off, as well as an area where you can clearly fill out information vital to your insurance claim.

    DO call your agent as soon as an accident or injury takes place. As soon as you get home from the car accident, or even before you go to the doctor, call your agent.

    DO review and understand your coverage before talking to your insurer or your agent. Read the Coverage and Exclusion sections of you policy in particular.

    DO take and keep detailed notes of all conversations with insurance company representatives, and get names, phone numbers, and job titles of people you speak with, including their supervisor’s name.

    DO consider whether you might have insurance coverage under some other insurance policy as well. Many people have more than one policy that might cover a claim. In particular, look at homeowner policies, umbrella policies, and materials that came with your credit cards.

    DO take pictures, if possible, of damage to your vehicle, the accident scene, and your injuries.

    DO be honest and forthcoming with your insurer. Even if it is embarrassing, it is better if your insurer knows all the facts. Failing to be candid with your insurer might invalidate your policy or cause a denial of coverage.

    DO understand the difference between replacement coverage and depreciated or actual cash value. If your policy provides replacement coverage, don’t settle a personal property loss for actual cash value. You may be required to replace the lost items before getting your full reimbursement if you have replacement cost coverage.

    DO keep all receipts of meals, lodging, and purchases made in connection with time spent pursuing your claim or recovering from your injuries from the time of the covered event until final settlement with your insurance company.

    DON’T give any recorded or written statements to your insurer until you are sure you understand your coverage. Remember you aren’t required to allow the insurance company to record your telephone conversation. If you have doubts, do consult an attorney.

    DON’T automatically accept the estimate or appraisal of your losses given to you by the insurer. Insurance companies will often try to get you to accept their estimator’s or contractor’s repair or replacement estimates, which might be a bit low.

    DON’T sign any releases or waivers of any kind until you obtain legal advice. A bad financial situation after a major loss may make it seem necessary for you to accept a premature, inadequate settlement from your insurer. But you may remember destroyed items after you have signed a release as to payment for your personal property inventory or other claims. For these reasons, it is advisable to consult an attorney before signing a release or waiver. Be sure to read the fine print on any payment from the insurance company.

    DON’T accept any check that says final payment unless you are ready to do so.

    DON’T ignore time limits set by your policy. Most policies require a signed proof of loss within a certain time limit. Be sure you comply with this requirement unless you obtain a written waiver from your insurance company. Many policies allow you only one year from the date of loss in which to bring a legal action if your claim has not been adjusted fairly. If your claim hasn’t been settled to your satisfaction 11 months after your loss, consult an attorney immediately. A failure to do so could result in the loss of your right to sue.

    DON’T forget that you have a contract with your insurer. Your insurer has a legal obligation to provide the coverage it promised to you. Be insistent about enforcing that obligation.

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    Car Accident Basics

    Automobile accidents give rise to the majority of personal injury claims in the U.S. This isn’t surprising, given that there were 5,615,000 police reported car crashes in 2012, according to the National Highway Traffic Safety Administration (NHTSA).

    Motor Vehicle Accidents and the Law

    Legal claims arising from motor vehicle accidents are typically governed by the law of negligence. Generally, people who operate automobiles must exercise reasonable care under the circumstances. A failure to use reasonable care is considered negligence. A person who negligently operates a vehicle may be required to pay for any damages, either to a person or property, caused by his or her negligence. The injured party, known as the plaintiff, is required to prove that the defendant was negligent, that the negligence was a proximate cause of the accident, and that the accident caused the plaintiff’s injuries.

    Negligence and Motor Vehicle Accidents

    As with other types of accidents, figuring out who is at fault in a traffic accident is a matter of deciding who was negligent. In many cases, your instincts will tell you that a driver, cyclist or pedestrian acted carelessly, but not what rule or rules that person violated. An attorney will look to a number of sources to help you determine who was at fault for your accident, such as police reports, state traffic laws, and witnesses.

    Courts look to a number of factors in determining whether a driver was negligent. Some of these factors include, but aren’t limited to, the following:

    • Disobeying traffic signs or signals
    • Failing to signal while turning
    • Driving above or below the posted speed limit
    • Disregarding weather or traffic conditions
    • Driving under the influence of drugs or alcohol

    Other Common Causes of Automobile Accidents

    A driver may be liable for an accident due to his or her intentional or reckless conduct. A driver who is reckless is one who drives unsafely, with clear disregard for the probability that such driving may cause an accident. The NHTSA defines aggressive driving as a progression of unlawful driving actions such as:

    • Speeding above the posted limit or driving too fast for the current conditions
    • Improper or excessive lane changing, including failure to signal intent and failure to check that the lane change can be made safely
    • Improper passing, including failure to signal intent and use of the shoulder, median, or an emergency lane to pass

    On average, every 51 minutes, someone in the U.S. dies in an alcohol-related crash. Last year alone, over one million people were injured in alcohol-related traffic crashes. In a lawsuit arising from a drunk driving accident, in addition to the intoxicated driver’s liability for the injuries he or she caused, a bar or social host may be liable for damages if they served an obviously intoxicated guest, who then drove and caused an accident. The fact that the person who served the intoxicated driver alcohol may be held liable doesn’t relieve the intoxicated driver of liability, however. See the Dram Shop Laws article for more information about third party liability for drunk driving accidents.

    Because attorneys are aware of the many laws governing legal responsibility, an attorney can help you identify who might be held responsible for your injuries, including people or businesses you might not have considered.

    Accidents Not Caused by the Drivers Involved

    In certain cases, accidents are caused by factors unrelated to the conduct of any particular driver. For example, an automobile accident may occur due to a defect in someone’s automobile. In such a case, an automobile manufacturer or supplier may be responsible for injuries caused by a defect in the automobile under the law of product liability. A product liability suit is a lawsuit brought against the seller of a product for selling a defective product that caused physical injury to a consumer or user. If a manufacturer of a product creates a defective product – either in designing, manufacturing, or labeling the product – the manufacturer is liable for any injuries the product causes, regardless of whether the manufacturer was negligent.

    Other factors, such as poorly maintained roads and malfunctioning traffic control signals can contribute to cause an accident as well. Improper design, maintenance, construction, signage, lighting, or other highway defects, including poorly placed trees and utility poles, can also cause serious accidents. In cases such as this, government entities may be potential defendants. Special rules apply to claims and lawsuits brought against governmental bodies, however, and proper legal advice is critical to preserving and winning such claims.

    Learn More About Your Claim With a Free Consultation

    If you or a loved one has suffered a car accident injury, some important questions need to be answered. Reviewing your claim with an attorney can help you identify who, if anyone, was negligent and if that negligence caused your injury. That’s why a good first step is to contact an auto accident attorney for a free claim evaluation. An attorney can evaluate the merits of your case and help you decide on the next logical step.


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    Here s How Many Car Accidents You ll Have

    By Karen Aho Published June 17, 2011 Features

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    If you haven’t been in a car accident, consider yourself lucky. Or overdue.

    Continue Reading Below

    By car insurance industry estimates, you will file a claim for a collision about once every 17.9 years. That’s if you’re an average driver, which, whether you’re willing to admit it or not, you likely are.

    So if you got your license at age 16, the odds are quite good that you’ll experience some kind of crash by the time you’re 34, at the latest. Over the course of a typical long, driving lifetime, you should have a total of three to four accidents.

    Chances are these crashes won’t be deadly. There are about 10 million accidents of all kinds each year, from parking lot scrapes to multi-car pileups, according to the National Safety Council; in 2009, just three of every 1,000 of those accidents involved fatalities.

    But these crashes most likely will be costly. More than 2 million people are injured in crashes every year. In 2010, the average claim for injuries to cover both the insured driver and others involved in the crash had risen to $23,450, thanks in large part to soaring medical costs, according to the Insurance Research Council, a nonprofit research group.

    More On This.

    Continue Reading Below

    Accidents on the installment plan

    Which brings us to why this little-known number is so critical. (We got the accident-every-18-years statistic from the Property Casualty Insurers Association of America, a trade association that analyzes insurance data.)

    Insurance companies may sell protection — and one night of TV advertisements suggests that they do a pretty good job on this front — but they’re in the game to make a profit. And they don’t make a profit by paying for your accidents. They do so by getting you to pay for your accidents — in advance.

    You’re paying a smaller portion over a longer period of time, explains Dee Dee Mays, an actuary with Perr Knight, an insurance consultancy. It’s kind of a way to spread your risk.

    How to price your insurance rates low enough to lure you from a competitor, but high enough to make a profit on your future accidents, involves elaborate risk assessments that constitute the secret sauce of the insurance business.

    But all can be boiled down to the need to determine two things:

    *How many accidents will occur? Or, put another way, how likely is each driver in each car to have an accident? And,

    *How much will each accident cost?

    You’re already a statistic

    How often you’re considered due for that next accident depends a little, too, on your insurer. A company that insures large numbers of young drivers – who are far more likely to have accidents — will likely budget for a shorter gap between crashes. State Farm, the country’s largest auto insurance company, has customers with slightly lower-than-average accident rates.

    If we just take collisions, the average State Farm policy holder has a collision claim once every 19 years, says State Farm spokesman Dick Luedke.

    But odds are made to be beaten, right?

    Many factors are beyond a driver’s immediate control. Clearly you can’t alter road conditions or medical costs, at least by the time your insurance bill is due. That, in the insurance game, makes you a firm stat: a driver paying for the accident he’s expected to have every 17.9 years.

    But there are some ways you can move the needle, ways that will both change your lifetime-accident rate and lower your insurance premium.

    Assuming that, at least today, you can’t change your age, your driving history, or what kind of car you drive, here are some behaviors you can incorporate to lower your accident risk and, in the end, your insurance rates.

    Don’t drive impaired. No single factor is more likely to cause an accident than a driver impaired by alcohol or other drugs. One-third of fatal accidents in this country are attributed to drunken drivers alone.

    Don’t drive during the vampire hour. The deadliest three-hour periods on American roadways are between midnight and 3 a.m. on Saturdays and Sundays, according to the National Highway Traffic Safety Administration (NHTSA). Of those fatal crashes, 66% involve alcohol-impaired driving.

    Keep your eyes on the road. NHTSA data show that 995 of the 30,797 fatal crashes in 2009 involved drivers using cell phones. Nearly, 5,500 traffic deaths involved a driver distracted by something inside the car, including technology, according to the U.S. Department of Transportation.

    Don’t speed. Nearly one-third of all fatal accidents are attributed to speeding or driving too fast for conditions. Speeding is the single greatest contributor to accidents other than impaired driving. Insurance companies love such proven risk factors when assessing rates. Anyone who’s seen their premiums skyrocket after getting a ticket knows this well.

    Avoid congestion. Less than a quarter of both injury crashes and non-injury crashes in 2009 occurred on roadways with a posted speed limit of 55 mph or higher. Fewer intersections apparently make for fewer crashes. Be careful, though: When accidents do occur on these highways, they are more likely to be deadly, accounting for nearly half of all traffic fatalities.


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