Who is to Blame for Your Injury at Work?


Getting injured at work is something that no-one wants to experience. Aside from the injury potentially causing you pain or long-term suffering, you can also potentially lose income from time off work or have to pay for care and rehabilitation. In short, a work injury can cause all sorts of problems.

Remember that if you suffered an injury that was not your fault, you may be eligible to make a claim for compensation. This means that it is really important to establish who is to blame. When an injury is caused by someone else or by procedures not being put in place you can be in a position to claim back money to pay for your care as well as to compensate you for any loss of earnings.

Here we look at how to establish exactly who is to blame for an injury at work and what you can do about it.


Are you to blame?

If you are solely to blame for your accident then it might be the case that you cannot claim compensation for an injury – for a claim to be possible there needs to be a party at fault. If all the correct safety measures were in place, no-one else was involved and you simply made a mistake which cause the accident to occur, it is likely that you would you be considered to blame for the incident.

However, you need to remember that when an incident or accident has occurred at work which has left you injured, it can be natural to blame yourself. It may be that you have done something you shouldn’t have or that you were not following the correct safety precautions. But these things don’t necessarily mean you were entirely to blame for the incident. It could have been that you were asked to do something that your employer shouldn’t have asked you, or that proper safety measures were not in place.



What if the blame falls on multiple parties including you?

It is the case of many injuries that there is more than one party to blame for the incident occurring. For example, if you work in construction it could be the case that you were using a ladder but not following the correct safety practice, but at the same time you had been provided with the incorrect ladder for the job.

In the case of this example it is still possible to claim compensation for the fact that your employer did not provide the correct equipment for the task. However, you might have to accept a reduction in the compensation given due to the fact that you were not following the correct safety practice while using the ladder.



You may not realise someone else is to blame

It should also be pointed out that very often when an accident occurs in a workplace it is not immediately obvious who is to blame. In fact it is rare that there is an undisputed recounting of events that place the blame solely on one person. This means that sometimes it can seem that you are entirely to blame for an incident when there were actually other issues that contributed to the incident occurring.

For example, you are not necessarily required to understand the safety regulations governing your workplace, and it may well be the case that your employer has contravened them, and this is part of the reason why the accident took place.



What to do if you get injured at work

As we have discussed, it is clearly not always obvious who is to blame for incidents. So if you do suffer an injury at work it is a good idea to first to gather any evidence of potential reasons that it could have occurred, but also to speak to a solicitor as soon as possible. Experienced personal injury solicitors will typically have a good idea of whether you are likely to be able to claim compensation.

Choose a solicitor with experience taking on similar types of cases to yours – many work on a no-win, no-fee basis. They will be able to talk you through the options available to you and explain to you the steps that will be involved in claiming compensation.


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Friday, 19 July 2019
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