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Despite what you may think, not all accidents at work are able to be claimed upon. Work related Personal injury claims are only successfully claimed when the person injured (the employee) can prove that the employer is at fault for their accident. And this doesn’t necessarily mean that the claim will be a successful win either, it just gets the ball rolling.
It can be somewhat confusing, we know, so to make it easier and knowing where you may stand on matters surrounding injuries at work, we have put together some helpful hints and tips below, all of which may help towards making a claim successful, but nothing waives the consultation with an accredited personal injury solicitor.
What equates to a valid claim?
Well, first of all, it’s important to remember that each claim is unique, and each one needs to be assessed on an individual basis. In order to pinpoint deciding factors surrounding your claim, you need to prove liability and have strong evidence which suggests that the employer is at fault. Some of the things you need to consider are as follows,
Were you given adequate training?
If an injury is caused and it’s due to lack of proper training, you may have a good case. If you handle machinery, chemicals, equipment that could be regarded as high risk etc. where you trained to do so? Employers should always ensure that their workers are given the right training before they do the job and if workers haven’t been trained and they get injured, employers face breaching health and safety aspects which could allow for a successful claim.
Workplace induction… A valid induction would cover all aspects including, health and safety, fire exits, risk and accident management.
Where you offered adequate protective clothing and equipment?
It’s a duty of care to offer employees the correct protective clothing to carry out their work, especially in job roles involving heavy, dangerous, risky equipment or harmful chemicals. If your employer hasn’t provided you with safe and protective garments, you may have a good case.
What about the tools you are handling? Are they fit for purpose? Is your workplace machinery regularly serviced and maintained? It’s an employer’s responsibility to ensure that they are.
Reporting accidents, how and where
Accidents at work should be reported and logged, have you been given instructions on how to do this? Do you know where the accident report book is? Is there an accident book? Injured parties who are considering putting in an accident claim against their employer should have a record of their accident; it needs reporting and recording.
How was your report handled? Unfortunately, many employees have faced situations where their accident wasn’t taken seriously, nor consequently acted upon to level up on safety aspects, if employers do not follow procedure, they could be breaching health and safety laws.
Our fault or theirs?
Both employers and employees should ensure that their actions are not putting others at risk. It’s not a one-way rule, as part of the health & safety act, it’s a rule for all. Employers hold responsibility for equipment management and training and employers have a duty to follow the rules and procedures so that they and surrounding co-workers are also safe. For a successful claim, an employee needs to prove liability and have valid evidence that their employer breached protocol when it comes to health and safety within the workforce.