Daily Archives: March 15, 2018

Suffered An Injury At Work? – What Are Your Legal Rights

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We’ve all seen those adverts, haven’t we? It seems like every lawyer with an ad budget is making their own adverts but while they might be catchy, meme-worthy and in some cases even effective they don’t really explain, much do they?

So, if you suffer an injury at work what are your legal rights? Well first of all, before we examine that let’s look at what exactly is covered by a personal injury claim. Despite what the adverts might show a personal injury claim isn’t just for accidental trips and falls.

What Is A Personal Injury?    

A personal injury such as Jones Whyte who are a local glasgow personal injury lawyers can take many forms but they all have something in common, if your injury is a result of negligence on your employer’s part then you can make a claim. A personal injury covers many different areas as well, let’s take a look at some more in-depth examples.

While the most obverse examples of personal injuries are things like trips and falls due to unsafe conditions they also include psychological issues as well. This could be mental stress due to things like bullying and intimidation, many people think personal injuries just mean physical harm, but they cover a much wider spectrum.

How Do You Make A Claim?

Making a claim for personal injury is something many people over complicate, it’s much simpler than many people think. However, winning your case is a whole other matter but it’s advisable that whatever your injury is that you act fast when making a claim.

You should also keep a record of any important information this is especially important when the personal injury is psychological in nature. Your claim for a personal injury will more than likely be a civil claim but it again could take a number of different forms.

Any claim for a personal injury will usually be either a claim for a breach of your contract or a claim for negligence. The vast majority of cases will be heard in a civil court. More than likely the county court, although it may be held in the high court depending on the exact nature of the claim.

Claiming For Breach of Contract

If you’re claiming for a breach of contract, then you need to be able to prove your employer has breached the terms of your employment contract. For example, if you’ve suffered an injury due to improper or poor-quality equipment then you’ll need to be able to show that your employer didn’t fulfill their contractual obligations to protect your health and safety.

If your employment contract doesn’t clearly state how your employer is supposed to protect your well-being, then you will still likely have a case. All employers have an implied contractual duty to protect their employee’s health and safety as well as the legal requirement to ensure any place of work is safe.

One important thing to remember if you’re are making a claim for a breach of contract is the difference between expressed terms and the previously mentioned implied terms. Expressed terms are terms you officially agree to this can be in person or in writing, they’re contractual obligations of some form.

Implied terms like previously mentioned are not in a written contract and you don’t have to prove you have agreed to them in some form. You can think of them as common-sense agreements like that your employer will protect your health and wellbeing and follow proper health and safety practices. 

Making A Claim For Negligence

Making a claim for negligence follows very similar procedures to claiming for a breach of contract. However, you’ll need to prove how you have been negatively affected and that your employer was acting negligently in their duties.

For example, if you were injured because of a faulty piece of equipment if you can prove that your employer knew it was damaged and didn’t take any action to either replace or repair it or at the very least ensure it wasn’t not used, then you can prove there were negligent in their duties.

What If I Quit Work?

If you quit or resign from work because you think the risk of suffering a personal injury is too high or you believe your employers are being negligent in their duties can you still, make a claim? The good news is you can, but things will be slightly different.

So, how does it work? Instead of going straight to a solicitor you will instead need to make a claim to an employment tribunal and then prove that your claim for constructive dismal was just. Be wary though making a claim for a constructive dismal is notoriously difficult and any claim must be made within three months of the date you left.

Now if you are instead fired from your position then you can make a claim for an unfair dismissal instead. However, this follows a slightly different process if you’re making a claim for unfair dismissal you will need to prove it’s related to your personal injury claim, and in many cases, you will only be able to make a claim for unfair dismissal if you have been working for your employer for over two years.

If you don’t want to quit but don’t want to work in an area that is not following proper practices or that you believe breaches health and safety rules, then you are protected from dismissal and disciplinary action. All employees have this right and you should talk to your safety representative to explain your actions.

Likewise, whistleblowers are also protected so if you feel you have been unfairly treated or victimised because you made a public disclosure then you should contact an employment tribunal to explain your case. 

Strengthening Your Case 

So, that’s a look at all the main points you need to consider when making a case for a personal injury claim. Remember though every case is unique and you should meet with a solicitor as soon as possible to get some professional, legal insight in your case. Remember at every stage to keep a record as well, because it will be sure to come in handy.