Alex Singleton, a Paralegal and key member of our Employers’ and Public Liability team, was recently asked to make a guest appearance on the Equality for Workers Union (EFWU) Podcast to answer some questions about accident in the workplace claims.
Here are some excerpts from the full podcast, including quotes from Alex. We hope readers find it useful, and the full podcast can be found here which contains information in much more detail.
What is a workplace personal injury?
A workplace personal injury is an injury in the workplace, or occurring whilst carrying out a task as part of your job.
Some of the more common injuries that we see are slips, trips, and falls. But they can cover things like heavy lifting injuries, one off accidents or ones occurring over a length of time and psychological impact.
Alex Singleton says:
“Workplace injury is really broad, actually. It covers one-off accidents or things that happen over a period of time.
“So there are some conditions, such as Carpal Tunnel Syndrome or hearing loss, that might not become apparent straightaway. It also includes not just physical injuries, but also psychological injuries as well.
“Whether it’s workplace stress or just a psychological reaction to an accident that’s happened as well. So it’s really broad. A spectrum.”
“I’ve helped many clients where sometimes they don’t even have a physical injury, they may have just seen something shocking at work.”
Long term health impacts
Long term impacts to health can be caused by working conditions where, for example, repetition is a factor, or improper or absent health and safety procedure has led to a condition becoming apparent over time or even later on in life.
Alex says:
“These are the type of things that don’t happen straight away. It comes out, or can come out later in life.
“We see examples where people working on production lines may be doing something which, as a one-off incident, it may not seem dangerous, but when you are doing something repetitively over a period of time at excess, it can really impact the person.
“For example, Carpal Tunnel Syndrome. It can sometimes take years to actually become apparent.”
The law is on your side – Legal responsibilities of employers regarding health and safety in the workplace
Thankfully, employees have a lot of legal protection under the Health and Safety at Work Act 1974.
Employers are legally required to implement and carry out proper procedures to ensure, to the best of their ability, that workplaces are as safe as they can possibly be for staff, contractors and visitors.
These include such things as:
- Safe systems of work
- Adequate training and updated training where necessary
- Safety equipment, such as Personal protective Equipment (PPE)
- Risk assessments
Alex says:
“Employers need to provide a safe system of work. So if employees are completing a task at work, they have to make sure that it is done safely and have to provide adequate training.
“And it’s not enough just to train someone as soon as they join the company. It has to be regularly repeated.
“They have to ensure that they provides safety equipment, such as personal protective equipment. It’s not enough just to provide any protective equipment. It has to be suitable for that specific job and the specific person’s needs.
“They also have to risk as assess every task to make sure that they consider all of the risks, even if it’s quite low. And they have to consider what can be done to prevent injuries from happening.”
How to make a personal injury claim and best procedure
It is very important to make sure that the correct procedure is followed from the start if you intend to make a personal injury claim. This ensures that your legal representative has all they need to carry your case to a successful conclusion.
Steps to consider include:
- Ensuring that the accident is properly recorded
- Seek first aid or treatment where necessary
- Keep copies of medical records
- Gather evidence, etc: photographs, documentation, CCTV footage or details of witnesses
- Contact a solicitor
Alex says:
“It’s important that the company is aware of what’s happened. It is also important that the company can provide first aid and see that they [the injured] do get treatment as soon as possible. Help should also really be sought from a GP or a hospital.
“If a client hasn’t got medical attention and there’s no other evidence, it can make the claim very difficult, so it is important to get medical attention as soon as possible.”
“Evidence can be really broad. It can include photographs if it’s defective equipment or if they’ve fallen over something or some things unsafe.
“It can also include taking details of when witnesses complained about something even before an accident’s even happened. This could be by text, WhatsApp, email, or any other kind of written documentation. It is important that all of that is kept.”
Trade Union’s role in workplace injury claims
A Trade Union’s role in the workplace injury claims process can be a big help to an employee who is in a union and has their resources at their disposal.
A Trade Union Representative may be able to assist and provide support in some of the following ways:
- Advise an employee to make sure that an accident is properly recorded
- Provide assistance in connecting an employee to a legal representative
- Assist with support during grievance procedures and other formal processes
Hidden workplace hazards
When spending long hours in a workplace or starting a job for the first time, it can be easy to overlook or be unaware of some hazards or scenarios that may present themselves and potentially lead to injury.
Such factors may include:
- Inadequate staffing
- Lack of training or inadequate/unsuitable training
- Inadequate protective equipment
- Unmanageable workloads/unrealistic targets
Alex says:
“One particular example is with delivery companies and people working in warehouses.
“They can be set very unrealistic targets, where they do feel pressured sometimes that they’re having to work when they’re short staffed, so they’re essentially having to cover the jobs of two people.
“So say for example, a delivery person – there’s supposed to be two people in the van assisting with lifting. They’re sent out by themselves. They’re having to lift, say, 30 kilogram washing machines by themselves, which is clearly unsafe.
“And I think as well, when you set these unrealistic targets, people are stressed from a psychological perspective. But also just put them at increased risk of harm.”
Frequently Asked Questions
Finally, Alex has taken the time to answer some frequently asked questions regarding accident at work claims.
‘If I make a claim, will I lose my job?’
“No, you shouldn’t lose your job because you’ve made a claim. The company shouldn’t discriminate against you just because you’ve sought legal action.
Employees do have more protection if they have been there for at least two years, but regardless of how long you’ve been there, you can’t be dismissed.”
‘What would I do if I were being victimized because I’ve made a claim?’
“You do have protection against victimisation as well. The law says that you can’t be victimised just because you’ve made a claim.
“Your job should be protected and the company shouldn’t change how they treat you.”
‘You can’t claim if you’re an agency worker. Is that true?’
“No, that’s completely false. Where there is an agency involved, you have to consider which of the companies is most responsible.
“Is it the agency or is it the company where the accident happened? In it say the majority of cases, it is the company.
And because they’re the one that are responsible for the people around them, they’re responsible for the equipment for the actual premises itself.”
‘Stress doesn’t count as a real injury. Is that true?’
“No, that’s false. Personal injury includes physical and psychological injuries.
“I’ve got many clients where they have suffered, say for example, post-traumatic stress disorder, depression or anxiety because of the working conditions. All of those things are claimable.
“The company is still under a duty to protect you from stress at work and psychological symptoms too.”
You need to go to court to make a claim. Is that true?
“No, that is one of the regular questions and concerns that I have from clients is completely false. In the last four years, for example, I’ve only had two cases go to trial and it’s situations where liability is firmly denied.
“In the vast majority of cases, we do just reach an agreement with the defendant’s representatives where liability is admitted.”
Check out the full podcast
To hear more of the points raised on the subject of injury at work, you can listen to the full EFWU podcast here.
WHAT TO DO NEXT
If you have been injured at work after a workplace accident, please get in touch today for a no-obligation consultation. Choose one of the methods on the right-hand side of this page or call us on 0113 200 9720.
Alex Singleton joined Oakwood Solicitors in April 2021 as an experienced Paralegal, having worked in Personal Injury since 2018. Currently, Alex works in the Employers’ Liability and Public Liabilit…
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