UK: Considering A Workplace Injury Compensation Claim

Last Updated: 23 November 2012
Article by Mark Mackay

If you have sustained a personal injury by having some kind of an accident in the workplace, then making a compensation claim is a natural thing to wonder about. We've written this article to help you understand some of the main factors of considering a workplace compensation claim. In this instance, one of the first things that comes up is whether or not the accident was avoidable. The idea of avoidability is an interesting one, as there are a couple of different ways of interpreting the matter. It's important when interpreting the notion of avoidability to make sure that you do so in the right way when deciding if you're going to make a workplace personal injury claim or not. A personal injury legal team will help you out with this from a legal standpoint. However, you can also take stock of the situation yourself, and decide whether or not you could have taken reasonable steps to avoid the accident and subsequent personal injury in the first place.

For example, if somebody was to trip in a hole in the ground of a factory, you could say that they could have avoided the personal injury by watching where they were going. This would be true, but not necessarily the correct perspective for assessing avoidability in a workplace claim. The employer has a responsibility to ensure that the walking surfaces in their environment are safe for people to use. It's easy to miss a hole in the ground when walking along with your eyes and mind elsewhere in your daily work routine. If you feel that your employer did not take reasonable steps to ensure that you had not only a safe environment, but correct training and safe equipment, then it's likely that the workplace compensation claim can, and should be made.

Psychological Damages in Workplace Injury Compensation Claims

Accidents in the workplace can have psychological ramifications too. Your place of work should be somewhere that you feel both safe and comfortable doing your daily tasks. However, it can be extremely difficult to feel comfortable or safe in a workplace after you suffered a personal injury there. This is particularly true if the personal injury was a severe one. Suffering an accident where you work changes the entire complexion of a working day. Some people might not feel comfortable in the workplace ever again after such an incident and this can have drastic effects on a career.

It's important that you take this factor into consideration too if you feel that you have experienced psychological trauma or negative associations to the place of work because of the physical experience of the personal injury. These are big questions and it's important to consider your future and if you now see your position at the company as being untenable as a result of the workplace accident. Money gained in a workplace compensation claim can go towards rehabilitating yourself in instances where you now find the workplace particularly traumatic, a step which would be important for your future.

Effects of a Workplace Claim on Negligent Employers

Unfortunately, we live in and in an imperfect world where some employers refuse to act diligently to ensure that that their employees have a safe environment in which to work. If you work for such an employer, steps must be taken in order to make them act in their employees interests. Acting negligently and cutting corners is a dangerous game for employees to play in terms of their own future prospects and those of the employees.

Making a workplace compensation claim against the employer will force them to rethink their strategy of how they implement safety rules for the employees. While a compensation claim won't always completely recover suffering experienced from a personal injury, if you wished to continue employment with this particular role then you would likely do so with considerably improved working conditions following a work injury compensation claim. You will be helping but yourself and those with which you work. You can learn more about the compensation claims process here.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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