All employers have a duty to ensure the working environment is one that is safe and healthy. However, it does not matter what precautions are in place, accidents can still occur and, unfortunately, they do. From industrial diseases to broken bones, the injuries vary dramatically. Nevertheless, if you do feel that the accident is your employer’s fault, you will be able to make a claim for compensation. Keeping that in mind, continue reading to discover more about claiming after an accident at work.
The workplace regulations that are in place in Australia
The first thing you need to be aware of is the regulations that are in place in Australia in regards to work accident claims. By law, all businesses need to conform to the Health & Safety laws that are in place while insurance is also compulsory. Therefore, if you have been injured, you can rest assured that your employer will have insurance in place to cover the costs.
Different types of workplace personal injury claims
There are many different types of personal injury cases that are made because of workplace accidents, with the following being a mere handful – an accident while operating a crane or forklift, insufficient training, falling objects, industrial diseases, construction accidents, faulty lifting and manual handling practices, dangerous machinery, defective or poorly maintained equipment, industrial hearing loss, and dangerous procedures and practices in the workplace. It does not matter what type of accident you have been involved in, whether you have been hurt due to a falling object or if you have been assaulted by another member of staff, if you want to make a claim, the main objective is to prove that your employer is at fault. For example, if you’ve been assaulted, your employer may be at fault because he or she may have been aware of the impending threat, they may have known the person had a violent history, or they may have failed to carry out checks about the person before employing him or her.
Reporting the incident, time limits, and medical attention
Other aspects you have to bear in mind when it comes to making a claim is reporting the incident, time limits, and medical attention, in regards to the latter, it is imperative to see a medical professional if you want to have any chance of making a claim, as the report provided by the doctor is the most crucial piece of evidence. When it comes to reporting the incident, you need to tell your employer as soon as possible, as they need to record it in their accident book by law. Finally, there is a three-year time limit on all personal injury cases. If your injuries have developed over time, such as hearing loss, you will have three years from the date of your diagnosis instead.
If you have been involved in any type of accident in the workplace, there are a number of different things you can do to increase your chances of a successful claim. This includes the following…
- See a doctor – One of the most vital things you need to do is see a medical professional. Of course, this is important for your health, but there are some people that prefer to cope with their symptoms on their own when they have only sustained a minor injury. If you do this, you are going to find it impossible to claim, as there will be no proper proof of your suffering.
- Report the accident – A lot of people make the mistake of not telling their employer about the incident that has occurred. They believe it is better to simply let them find out when they receive a solicitor’s letter. But, that is not the case. All employers are required to have an accident book by law, and the incident you have been involved in will need to be recorded in this. So, make sure you inform your employer and/or your safety representative as soon as possible.
- Witness contact information – Did anyone witness the accident? If so, you should get their contact information, as witness statements make excellent evidence.
- Make note of everything – When you get the chance, you should make a note of everything that happened in as much detail as possible. This will make sure you do not forget anything important.
- Hire a No Win, No Fee solicitor – If you take a look on the Internet, you will see that you have an abundance of solicitors to choose from. However, it is vital to choose a No Win, No Fee solicitor. By doing this, you only need to pay legal fees if the solicitor in question manages to successfully secure compensation for you. This ensures financial risk is minimised.
- Keep proof of any expenses – You also need to keep proof of any costs you have encountered as a direct result of your injuries. This includes the likes of prescription expenses, loss of income, travel costs, childcare expenses, counselling costs, and such like.
Hopefully, you now have a better understanding regarding the circumstances that can result in a claim for an accident in the workplace. If this has happened to you, make sure you follow the steps that have been presented above so that you can give yourself the best chance of securing the compensation you deserve. Remember, the sooner you claim, the better. Not only is this important for the sake of meeting the claiming deadline but it will also make the process a lot easier for you too.