Unfortunately one of the retorts sometimes uttered by people in response to hearing about a work accident compensation claim is that it was their own fault, and that they should have been more careful. This is grossly unfair, and the danger is that this sort of comment often leads to people feeling that they can’t make a compensation claim, even if they have been injured at work and don’t believe that it was their fault.
The real problem though is in deciding whether an injury at work was the fault of the person injured, or whether blame ought to be placed elsewhere. For those who have been hurt in an accident at work there is a real need for contacting a solicitor quickly who can not only provide the right advice, but also make sure that any necessary evidence is gained as quickly as possible, from medical diagnoses and reports to photographic evidence of tools, equipment or the work environment.
But whilst anyone injured in the workplace ought to contact a solicitor, many don’t, simply because in their own minds they feel partly, or wholly responsible. Yet this may well not be true. Yes, if you are told by your employer to use a piece of equipment, and it turns out that the equipment was unsuitable for the job, faulty or damaged in some way, resulting in you having an injury, then most people will immediately feel that the fault lies squarely with the employer.
But the truth is that many work accident compensation claims begin in much less distinct circumstances. This is where the skill and experience of a solicitor helps to establish who is genuinely to blame for the accident. In many cases the injury was caused not by faulty equipment, or by using equipment not suited to the job, but by a simple lack of effective training.
It should not be expected that every worker knows exactly how to use a piece of equipment or machinery, and effective and appropriate training should always be given to every member of staff who may be reasonably expected to use it. This training should be consistent, given in advance of the need to use the equipment, audited and assessed. Failing to train staff in the use of equipment which later results in an accident occurring cannot be deemed to be the fault of the worker, but negligence on the part of the employer.
Since so many solicitors today work on a no win no fee basis it’s always best to contact a solicitor in any situation where a work accident results in an injury. The worst than could happen is that your solicitor advises that you are unlikely to have a claim. But in the majority of cases workers receive thousands of pounds in much needed, and very welcome compensation.