Suing Your Employer – Who is the Real Villain?

Of course, by their very nature, the blame for most Employers’ Liability cases is on your employer themselves. As such, an inherent fear shared by our clients is that they believe that bringing a claim for personal injury compensation will be seen as a personal attack, or a ‘betrayal’.

The danger of such a thought process when you have been injured at work is that it can distract you from the real injustice: your employer’s failure to keep you safe whilst at work.

Your Employer’s Duties

It is important to remember that whilst you are at work, you are owed a ‘duty of care’ by your employers.  That is to say that they must provide you with the following:

  • safe premises;
  • safe equipment;
  • safe systems of work and
  • competent fellow employees.

A failure on any of these fronts by your employer puts you at risk of injury, and if anything is the real ‘betrayal’.

The Law

Your employers are compelled to have insurance in place to cover injuries suffered by employees in the workplace. The Employers’ Liability (Compulsory Insurance) Act 1969 makes this a legal obligation, and so whether your accident occurs or not, they will have paid for this insurance.

When your claim first comes onto our desk in the Employers’ Liability team, we will carry out investigations in order to find the identity of the Insurers so that we can submit directly to them, otherwise, the relevant documentation will be passed to the insurer by the Defendant. It is important to note that the Insurer will be the eventual compensator when your case is successful, and so there is no real reason for your Employer to either discuss your claim with you, or to treat you any differently as a result.

The Reality

The common objective shared by both an individual who has suffered an accident and their employer is for them to recover from their injuries. That way, they can be back at work as soon as is possible and doing the job they are being paid to do. That being said, our prime objective in running your case is getting you back into the position you would have been in had the accident not occurred. This extends past providing fair and just compensation, but assisting you in getting any treatment that is recommended, and helping you back into normality.

Next steps

Of course, every employer is different, and every case is different. If you are in a situation where you have suffered an injury at work and are in two minds as to whether to bring a claim, do feel free to contact either myself or my colleagues in the Employers’ Liability department on 0845 456 4007 and we will be happy to help.

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