Substantial legislation exists emanating from both the UK Parliament and from the European Community in order to protect the health and safety of employees. It’s a common misconception that most injuries to workers occur in primary extraction of materials or in manufacturing processes whereas in truth workers are injured across the whole range of employment situations. Work accident compensation solicitors specialise in personal injury claims arising during employment for workers located in the UK. Most accident lawyers are members of the Solicitors Regulation panel of personal injury experts and they deal with claims using the no win no fee scheme which is usually totally risk free. Compensation is normally paid in full. Win or lose there is no charge. If you would like to speak about your potential claim, just call a work accident solicitor who offers free initial legal advice and no further obligation.
Health & Safety Legislation
The law relating to health and safety in the workplace is contained in wide ranging legislation including detailed regulations for certain specific industries. Some legislation makes employers absolutely liable in negligence with no possibility of a defence. Work accident solicitors will be able to advise you on whether or not your employer’s failings in taking care of your health and safety amount to actionable negligence. The main general statutes that apply across the whole spectrum of employment are as follows:-
The Management of Health and Safety at Work Regulations 1992 requires every employer to make an assessment of the risks to the health and safety of his employees to which they are exposed whilst at work, and of other people not
The Workplace (Health, Safety and Welfare) Regulations 1992 sets out minimum requirements for the environment in which work takes place including physical attributes of the location and cleanliness.
The Provision and Use of Work Equipment Regulations 1998 covers equipment and machinery which must be maintained and suitable for the particular work with appropriate training.
The Manual Handling Operations Regulations 1992 require that all materials handling operations be risk assessed and that mechanical handling methods are applied wherever it is reasonable to do so.
The Personal Protective Equipment at Work Regulations 1992 require that adequate safety equipment and protective clothing is supplied to protect the health of employees engaged in hazardous operations.
The amount of compensation for pain and suffering paid out in a personal injury claim depends on the severity of the injury, the recovery period and the long-term implications. In addition to damages for pain and suffering work accident solicitors can claim for all reasonably foreseeable losses that are properly incurred including the following items :-
loss of past wages
loss of potential future earnings
special care aids and equipment
prescription charges and medical fees
cost of care and assistance
costs of assistance for household chores
loss of lifestyle
reduction in job market prospects
other losses & out of pocket expenses
As with almost all legal matters there are time limits for making a personal injury claim. The general rule is that the matter must have been settled or proceedings must have been issued by way of a summons in a court of law within three years of the event that caused the injury. There are exceptions to this general for those under the age of 18 years whereby time does not start to run until the eighteenth birthday and for the mentally disabled where time does not start to run until full mental capacity has been attained. In addition the court has a wide discretion to alter and extend time limits and may do so where there is a long period between the negligent incident and subsequent symptoms.