BEZPIECZEÑSTWO I HIGIENIA PRACY – ODSZKODOWANIE ZA WYPADEK

Niestety polscy pracownicy, jak równie¿ pracownicy pochodz±cy z innych krajów, które do³±czy³y do wspólnoty europejskiej, s± wykorzystywani i nara¿ani na wiêksze ryzyko wypadków w miejscu pracy.  

Badania wskazuj±, ¿e wyst±pienie tego rodzaju ryzyka jest znacznie ni¿sze w miejscach pracy, w których dzia³aj± zwi±zki zawodowe. Jednak¿e w ka¿dym ¶rodowisku pracy zdarzaj± siê wypadki. Je¿eli nast±pi taka sytuacja, osobie poszkodowanej w wypadku, mog± przys³ugiwaæ:

WORKPLACE HEALTH & SAFETY:  COMPENSATION FOR INJURY


There are concerns that Polish workers or workers from other EU accession states are exploited and at greater risk of injury in accidents at work.  

Research shows that the risk of injury is significantly lower for workers in Unionised workplaces.  However, in any workplace accidents occur.  If, when they do, it may be possible for the injured person to obtain:-

a)Benefits from the UK Government (Department of Work and Pensions); and
b)Compensation from the employer (or other company or individual) legally responsible for the accident.  

Benefits from the Department of Work and Pensions or an interim payment in a compensation claim (a payment on account of the final compensation paid) at an early stage in the compensation claim – may provide financial support in the short term to enable the injured worker to remain in the UK until a compensation claim is finalised or the injured worker is able to return to work.  

There is no automatic entitlement to compensation from an employer for injuries caused in an accident at work.  It is necessary to prove that the employer is legally liable to pay compensation.  As the law provides relatively tight Regulation for workplaces it is possible to establish entitlement to compensation in a high proportion of claims – if the claim is dealt with by an appropriately experienced and specialised solicitor.  

Employers are obliged by law to carry insurance to enable them to meet compensation claims in accidents for which they are legally liable.  The aim of a compensation claim is to provide the injured person with a sum of money which will, in as far as is possible, put the injured person in the same position as he or she would have been if he or she had not been injured.  
What to do if you are involved in an accident at work

Try and get a clear understanding immediately of what happened and what caused the accident.  For example, if the accident was caused by a slip or a trip did anything cause the slip or trip and if so what?
Make a note of the name (and if possible contact details) of anyone who was present and may have witnessed the accident; or, who will be familiar with the circumstances; or who came on the scene shortly afterwards;
Try and obtain measurements of any relevant defect that may have caused the accident and if possible photographs;
Try and find out if similar accidents have occurred previously or, if the accident was caused by a defect, how long the defect had been present.  
Try to make sure that the accident is promptly and accurately reported. The report should be brief but mention any relevant facts. For example, if a slip or a trip was caused by a defect or substance on the floor then this should be mentioned in the accident report;
Seek medical attention and ensure that the First Aider is told briefly but clearly how the accident occurred and any relevant defect or cause is mentioned to them. Unless the injuries are trivial medical attention should also be sought from the Accident and Emergency Department of a hospital or a doctor (general practitioner – GP).
Unless the injuries are trivial, seek advice without delay from a solicitor specialising in pursuing claims for Workplace Accidents. It is important to choose the right solicitor as this may well determine whether or not the claim is successful. Make enquiries to obtain a recommendation for a specialist solicitor. Approach the solicitor directly, do not go through intermediaries, Claims Management Companies or other agencies.  

Don’t be put off seeking advice from a solicitor because of fear that:-

a)It will be very expensive – specialist solicitors will offer a service whereby initial advice is free and if a claim is to be pursued this will be at no cost to the injured person;
b)Fear that pursuing a claim will jeopardise the employment or right to remain in the UK; any such concerns should be discussed with the solicitor when seeking advice.  

Comments

Add New Search

Write comment
Name:
Email:	do not notifynotify
Website:
Title:
	Please input the anti-spam code that you can read in the image.

Powered by !JoomlaComment 3.12

Copyright (C) 2007 Alain Georgette / Copyright (C) 2006 Frantisek Hliva. All rights reserved.