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Workplace Injury Claim

By: Jeff Durham - Updated: 9 Mar 2018 | comments*Discuss
 
Workplace Injury Claim Work Accident

All employers are legally obliged to make sure that they have carried out a full risk assessment with regards to health and safety in the workplace and that they have taken all reasonable steps to minimise the risk to their workers and that they are fully compliant with all of their health and safety regulations as set out by law.

However some accidents inevitably occur at work from time to time and if the injury has been directly or indirectly caused by negligence or an oversight on your employer’s behalf, you may be entitled to make a claim for compensation.

What Might Constitute a Claim?

Your employer has a Legal Duty to provide you with a safe and secure place to work. They must ensure that you have the proper materials, equipment or tools. If you work alongside other people, your employer must ensure that your co-workers are competent to carry out their duties and that you, too, have received all the necessary training and supervision, if required, to enable you to carry out your job.

If you’ve sustained an injury because of faulty equipment (even if the equipment has been supplied by an outside company) or if you’ve suffered injury due to a lack of care from your employer in them abiding by the health and safety regulations direct fault of your employer, e.g. if you’ve slipped on a wet floor and hurt yourself you are entitled to make a claim for compensation even if it wasn’t the direct fault of your employer. Likewise, if you have suffered injury due to a co-worker’s negligence – something they may have done or even forgot to do - your employer would still be liable to pay you compensation. An exception to this, however, would be if a fellow worker assaulted you. That would then become a matter between you and the co-worker.

Won’t my Employer Sack me if I Make a Claim?

Injuries and Accidents, no matter how much we try to prevent them, do occur regularly in the workplace and are dealt with by your employer’s insurance company so it is highly unlikely that you will be victimised or lose your job as a result because you would then have another opportunity to take your employer to court.

What can I Claim?

You may be entitled to claim compensation for loss of earnings for the injuries you’ve sustained if you’ve had to take time off work. In cases where your injuries may be that severe that you’ll not be able to work again, you may also be entitled to claim for your loss of future earnings which could be very substantial and run into thousands if the injury forces you to give up work for good.

Who do I Turn to?

Your union representative, if you have one, would be the first person you should go to if you feel that health and safety issues have been breached and that you are considering making a claim for compensation against your employer. They can advise you on the relevant procedures you’ll need to follow.

On the other hand, if you don’t belong to a union, you should seek advice from your local Health & Safety Executive or go and speak to a solicitor or a company who specialises in industrial injury claims. If you’re in any doubt about what you should do, your local Citizen’s Advice Bureau will be able to assist you.

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[Add a Comment]
Working as a licensed Security Officer at Club Forster NSW. Approximately 23-00 I said to an intoxicated male "It's time for you to go" i leaned towards him with open hands gesturing the direction to move inside the Club. He lunged at me, tackling me around my chest. As I defended myself, we swirled into the Club. We both landed on the floor with me on top. I held him down, he looked at me and grabbed my testicles. I move my hands up to his throats and said "let go of my balls"' . He didn't until Duty Manager John Class arrived. John help stand us up and say " let go of him Wally ". Istraight away let go of him, I did not active my mini cam, nor did Duty Manger John Class. John seen the tail end of the incident, but put a damming report on myself. A few words I recall when he read it to me were, short fused, accsessive use of force. My question is " do I have a case for negligence against the club for John not activing his mini can ?
Wally - 18-Dec-17 @ 7:07 AM
Jk1 - Your Question:
Hi I wanted to know if anyone has any advice I was working for a company where we all had to wear safety shoes After a few months my feet were becoming really tired and sore and I would have swelling to the ankles I told my employer this several times that I was in discomfort but no1 was helping me I would be standing all day for 9 hours a day working and my feet were so painful I asked my manager if I could have more comfortable shoes as the company would provide them But still not anything was done with my situation It came to a time when my ankle was so swollen I had to have time off from work I have now left this job as I couldn't continue working there as there were other issues too But is there somewhere I could maybe claim compensation with as I can't work on my feet all day anymore the safety shoes ruined my feet totally I'm not the only staff member with this problem but no1 else seemed to care or thought it was ok to put up with this?? Thanks

Our Response:
Speak to a solicitor if you want to claim compensation. They are best placed to advise you on the likelihood of success. They'll want more information from yousuch as the details of the shoe type, copies/information of the complaints you made at the time, medical evidence etc
SafeWorkers - 24-Apr-17 @ 11:20 AM
Hi I wanted to know if anyone has any advice I was working for a company where we all had to wear safety shoes After a few months my feet were becoming really tired and sore and I would have swelling to the ankles I told my employer this several times that I was in discomfort but no1 was helping me I would be standing all day for 9 hours a day working and my feet were so painful I asked my manager if I could have more comfortable shoes as the company would provide them But still not anything was done with my situation It came to a time when my ankle was so swollen I had to have time off from work I have now left this job as I couldn't continue working there as there were other issues too But is there somewhere I could maybe claim compensation with as I can't work on my feet all day anymore the safety shoes ruined my feet totally I'm not the only staff member with this problem but no1 else seemed to care or thought it was ok to put up with this?? Thanks
Jk1 - 23-Apr-17 @ 1:09 AM
Hi i recently fell over a pallet truck at work i was talking to my work mate and stepped backwards and thr was a pallet truk stiking out almost all th way frm under a pallet i fell over it bakwards and took all th weight of the fall on my wrist and broke it i work fr an employment agency wat are ny rights could sumone help me please as in lookin at puttin a claim for work related jnjurys thanks
Micky - 25-Oct-15 @ 12:07 PM
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