Sustaining an injury in the workplace can have profound and lifelong implications, both personally and professionally. In addition to the immediate effects, such accidents may result in long term health concerns and future financial hardship.

If you have been injured in the course of your employment, it is imperative to take appropriate legal and procedural steps to protect your position and preserve any potential claim for compensation that you may have.

Establishing negligence and a breach of statutory duty against your employer is essential for a successful accident at work claim. Below we have outlined a couple of steps that individuals can do to assist with this:

1. Seek immediate medical attention

Irrespective of the perceived severity of the injury, it is essential to seek prompt medical assessment and treatment whether that be by attending the hospital or your GP. This ensures that you are receiving the proper treatment as well as creating a formal medical record, which may be critical evidence in any subsequent legal claim.

2. Report accident to employer

It is essential that the accident is reported to your employer or immediate supervisor at the earliest opportunity. An accident report form should be completed and only be signed by you when the facts of the accident are recorded correctly. Failure to report the incident in a timely manner may weaken your claim, particularly if your employer was not immediately aware of the incident and did not have a reasonable opportunity to investigate same.

3. Gather Evidence

Gathering evidence is crucial in establishing liability and winning your case. It will assist your solicitor in building your case. Such evidence will include:

• Taking photographic / videographic of the accident scene and any injuries
• Witness statements, signed with contact details
• Copies of Medical documentation and correspondence
• Details of training you have received in your employment
• Records of any unsafe practices or equipment failures.

4. Keep a detailed record of financial losses.

In addition to physical injuries, workplace accidents often lead to financial losses. It is essential to keep records of all financial losses/ out of pocket expenses arising from the accident which may include:

• Loss of earnings due to absence from work
• Medical and rehabilitation expenses such a physiotherapy receipts
• Travel expenses associated with treatment
• Costs of any assistance required in day to day living.

The purpose of compensation in an accident at work claim is to compensate you for the personal injuries, loss and damage you have suffered as well as putting you in the position you would have been in if the accident hadn’t occurred. An important part of the claim can be future loss of earnings.

Every case is different and at Millar McCall Wylie we have substantial experience in representing injured individuals in the workplace. To speak to a member of our team in the litigation department, please contact us today.