Claiming Workmans Compensation

Claiming workmans compensation for work related injuries should be a relatively straight forward process providing the employer is cooperative.

The first steps in making a compensation claim is, immediately or as soon as possible after the accident, the employee must inform the employer about the injury and arrange to receive medical treatment.

The employer and hospital or doctor will then inform the employer’s insurance provider regarding the injury and the insurance provider will provide the compensation to the employee.

At least that is how it is supposed to work. Unfortunately it doesn’t always work out like that either because of an uncooperative employer, legal complications or even an unwillingness to proceed by the injured employee.

Although there shouldn’t be an need many employees do feel that if they file a workmans compensation claim against their employer they will lose their job. But it is important to realise that employers are not allowed to terminate an employee’s position if the employee files a workmans compensation claim—for any reason.

There are laws in place that protect all employees from this and employers are required to carry the appropriate insurance to cover these claims.

However, if for what ever reason, the employer or insurance company is making it difficult to move the claim forward than where can the injured employee get some help and assistance? Fortunately there are many solicitors who specialise in filing workmans compensation claims and they will be able to advise and represent the injured employee with the compensation claim.

Typical injuries that can lead to a workmans compensation award:

Common work injuries include recurring vibration-related injuries which can be caused by the daily use of tools and gadgets that vibrate or the inhalation of chemical toxins like asbestos. Slipping, falling and back injuries are also very common and can lead to a compensation award. Hearing and ear related injuries caused by continued exposure to loud sounds frequently occur in the manufacturing and building industries.

Causes of industrial accidents may include improper or inappropriate training, inadequate supervision and faulty equipment. Unfortunately, plain and simple negligence or carelessness on behalf of colleagues can also lead to accidents in the workplace.

If the employee or people involved can prove that the injury was caused by negligence at work or is the fault of another party, than the employee is entitled to file a claim for workmans compensation.

Employers Obligations:

Employers and company management are responsible for maintaining and monitoring work policies including health & safety. This means that they must apply some safety guidelines for their employees to prevent, or at least minimize the possibility of work injuries.

Employers and management must make sure that all machineries and equipment go through maintenance procedures and are proclaimed safe to use by the operators.

An added obligation on the employer is to provide adequate protective clothing where necessary. These may include the following; gloves, face mask, gas mask and helmets and fire proof clothing.

All places of business are required to keep an accident book in which all incidents, both serious and trivial, must be recorded.

Accidents that occur and are recorded in the accident book should be referred to the Health & Safety executive. Of course employers are also required by law to ensure that they provide proper first aid equipment and that company personnel are trained in basic first aid.

Employees must make sure that there are adequate safeguards for the proper control of noise and pollution and must follow strict government policies on fire safety and prevention.

If any of these guidelines are not met by the employer, the employee has the right to leave work and come back only when the problems of safety have been addressed.

However, with the fear of losing one’s job a big possibility, an employee is unlikely to leave work based on unsafe company measures which could be a reason why, even with modern technology and safer machinery being utilized, employees still fall victim to accidents and injuries related to work.

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