If you’ve been injured at work in Middlesbrough, or the surrounding areas of Teesside, then our specialist accident at work solicitors are on hand to help you make a compensation claim.
You might not know it, but your employer is responsible for your safety at work.
Employers must provide a safe place of work, a safe system of work, proper equipment, proper training, proper clothing and anything else that is reasonably practicable.
The obligations on employers are so strict that virtually any accident at work can be attributed to some breach of this statutory duty.
The law makes it extremely difficult for an employer to escape liability for an accident to their employee, whatever the circumstances. So, even if you feel that you might be partly to blame for the accident, you should still get in touch with our expert accident at work solicitors to see if you have a claim.
It is well worth remembering that employers pay insurance to ensure there is a financial cushion there for anyone who needs to make a claim.
What is a Employer Liability?
Employer Liability claim is when an employer does have a duty of care for their employees and an accident happens. A claim can be made when it is proven that an employer has not done everything reasonably in its power to stop or prevent an injury or accident happening at work. Employers need to do everything reasonably possible to ensure its employees are working in a safe working environment. If an accident does happen an employee can claim compensation for any injuries sustained or for any financial loss due to time off work or medication and support needed to help with recovery.
What is the claims process in a liability case?
First of all in any work related accident you need to report the incident to the employer as soon as possible. This will kick start an internal investigation into how the accident occurred and if it was at all avoidable.
We will need you to collect and submit all the necessary documentation so that we can carry out our own investigation into what happened to get a full account of the incident. The documents needed will be medical reports, witness statements and an accident report. These will be vital to getting an overview of the accident and any liability your employer might have for the accident.
Your employer will also conduct an investigation to determine the validity of your claim. This will determine the next steps the business will take to pay out any compensation and what steps they need to take to prevent the same or similar accident happening again.
Once your claim is approved, the businesses insurance provider will pay out the compensation you deserve. They will also contribute to any legal or medical expenses that need to be paid.
Why do businesses need Liability Insurance?
Employment Liability Insurance is a legal requirement to ensure that businesses are covered incase an employee has an accident at work. It is the law that businesses must have insurance to cover at least £5 million in damages. If a business does not have liability insurance they may be fined up to £2,500 per day.
Employers' Liability Insurance is an essential component of a comprehensive risk management strategy for businesses, providing protection and support for both employers and employees in the event of workplace accidents or illnesses.
Does Employer Liability include freelancers or subcontractors?
The answer is yes provided that they are under the contract of the employer. Freelancers and subcontractors count as employees for legislation purposes, they will also usually have their own insurance in addition. Part time employees, students, volunteers and trainees are legally required to be covered by employer liability. This is to cover everyone that works in the business no matter if it is for a short or long period of time.
What is the difference between Employer & Public Liability insurance?
Employer liability is insurance that covers injury claims made by an employee at work and is a legal requirement. Public Liability is not a legal requirement and is there to cover claims made by third parties. This could be anyone such as a member of the public, a client, supplier or passerby.
Public Liability insurance may also be a requirement in a contract with a client. As well as being specified in contracts it is more for businesses that come into contact with the public. It is necessary for shops, restaurants, tradespeople and salons to have public liability cover as customers will come into contact with those businesses daily.
HOW CAN WE HELP?
Our solicitors have substantial experience in dealing with injuries suffered in a wide variety of work-related accidents. The law in this area is complicated and specialist knowledge, skill and experience are vital.
At Atha and Co., you are not just a name on a file. Choose the one you know and you will be looked after as an individual and given the very best in legal support.
Whether you live in Middlesbrough where our office is based, or in the wider Tees Vally areas such as Redcar, Hartlepool or Darlington, our team of solicitors would love to help you maximise your accident-at-work compensation claim.
Charles and our teams' efforts were featured in a recent BBC series called Northern Justice, which you can read more about, or watch it for yourself!