Struck by accidents in the workplace
Struck by accidents in the workplace – An office or workplace accident is a supervening situation that we always try to avoid. So, employees must know all the aspects of making a compensation claim for office accident in Scotland. Preventing from unexpected accidents and eradicating them are sometimes very difficult. Therefore, it is essential to take all the mandatory measures to prevent occupational hazards. However, the company/employer and employees need to know how to react to an accident and what the law says about them. If you were harmed at work owing to your employer’s negligence, you can make a compensation claim.
An estimated number of non-fatal injuries at work is 45,000 annually in Scotland. This figure constitutes a rate of 1,690 injuries per 100,000 employees. Office injuries cost the economy 375,000 days per year, or 0.17 days per employee.
In 2020, despite the decrease in activity due to Covid-19, ten (10) fatal injuries at work to workers were reported in Scotland. The last five years account for 18 fatal injuries to workers on average, but with noticeable fluctuations from year to year.
Both statistics point to a phenomena that requires consideration and planning.
You are not legally required to hire and instruct a solicitor to handle your office injury compensation claim. However, many factors exist that can impact your claim success and the compensation amount awarded. Therefore, you need to take such factors into consideration before making your compensation claim on your own.
What is a workplace accident?
A workplace injury is any physical harm experienced by a worker. Mostly, the negligence could be on the part of employers, but at times, an accident occurs due to the employee’s negligence. However, in case of an employer’s negligence. An employee has the right to claim compensation by approaching solicitors for office accident claims.
Despite what it may seem, the damage to which the bodily injury refers is a much broader concept that can be physical but also psychic or psychosomatic.
For it to be possible to speak of a workplace accident or injury, the work must be the cause of the accident. In other words, the job-related accident must be connected to the work. They must be able to relate.
Types of office accidents
There is always a certain degree of uncertainty and indecision regarding office accidents. Its reason is that the jurisprudence or law principles are not always homogeneous. However, there are some clear cases classified as office accidents. Look at the following:
Accident due to work carried out
If you are exposed to a working accident and injury related to the tasks given, it is believed to be an occupational accident.
Also, an accident may occur due to compliance with the employer’s instructions or spontaneously in the interest of the company’s proper functioning. So, it will be considered an occupational accident. It does not matter if these jobs do not correspond to the worker’s category. So, they will continue to be considered an office accident.
Typically, any accident is considered an office accident, whether within the working day, at the workplace, or from where the tasks are performed. And, it is the employer who has the burden of proof to prove that it is not.
Work accidents out of the workplace
If you serve a company by working from your home or anywhere else, and you are exposed to an accident, it is considered as an occupational accident. In this situation, accidents would include those that occur due to carrying out a task within the working day outside of the workplace.
Accidents during union activity
Union activities in some companies, mainly in government organisations, are common. Employees feel safe by having a union membership. They know the union will support them in case of an office accident by raising their voice in front of the top management.
Office accidents also include those that occur as a result of holding elective union positions. The trip to and from the site where these optional union roles are performed is also considered a workplace accident.
Rescue services play a pivotal role in everyday life, such as police, firefighters, paramedics, and others. Personnel working for rescue services frequently forget about their safety and security. As a whole, this is a concern that is often disregarded in these services, both legally and practically. The importance of this issue is much more for the protection of the life of both the rescuer and the rescued person(s). Often, services do not follow the perfect process for each rescue activity, and at times, they do not use or lack personal protective equipment.
So, if you are a rescuer and have faced an accident during your job, it is considered an occupational accident.
Illness contracted at work
Occupational diseases are diseases that occur in the workplace. However, a worker’s disease caused by their job is considered an occupational accident. You may be able to claim compensation for all the medical negligence accidents at work. So, you may receive workers’ compensation benefits for various medical conditions if they are associated with your work. These conditions include work-related repetitive job stress, strain, and occupational illness, including coronavirus (COVID-19) and other infectious diseases.
Diseases that are aggravated due to work
Diseases suffered previously that are aggravated as a result of work tasks are also considered office accidents. Mental health conditions may include stress, mental exhaustion, and similar mental injuries occurring as a result of work. In these cases, it may cost more to prove the connection to work, but these work-related accidents are becoming more and more frequent.
You are eligible to compensation for mental health issues. Injuries or accidents caused by your job must be proven.
What is not an accident at work?
Earlier, we have mentioned cases or situations in which it is considered that there is an accident at work. However, you may encounter some situations at work that are not office accidents. So, you cannot claim workplace accident compensation.
What to do If I have an accident at work?
Any accident at work can be distressing. If you have been injured while on your way to or from work, it is important that you know what to do next. Your employer’s first priority should be to ensure your safety and prompt medical assistance. This might be from a first aider or an ambulance.
Generally, there has been talk of incurring an obvious, unnecessary, and serious risk, going against the employer’s recommendations and guidelines. In this case, it is not an office accident since the worker does not abide by the rules. So, accidents occur with an employee’s irresponsibility and recklessness. As a result, injury occurs that cannot be compensated.
- If the accident and injury occur at work due to a malicious act. It indicates those accidents and injuries in which the worker has had the will to cause them to obtain compensation.
- Accidents and injuries at work due to natural and unavoidable tragedy interrupt the expected course of events. These accidents may occur outside work as an unpredictable and unavoidable event that has nothing to do with the job.
- The bodily injury referred to in the definition of a workplace accident is caused by a third person’s intervention.
- Neither are myocardial infarctions (heart attack), thrombosis, or comparable accidents at work if they are not a consequence of work assigned and performed.
Differences between occupational accident and occupational disease
They have things in common, the occupational accident, usually caused by an unexpected and sudden event. Occupational illness, on the other hand, is a prolonged process impacting employee health and should not be mistaken.
Occupation-related diseases are those that occur as a result of or are related to work.
Can an employee claim compensation for a workplace accident and injury?
In general, office accident and injury compensation have two types: compensation for non-disabling permanent injuries and workers’ compensation.
Compensation for non-disabling permanent injuries
This compensation is always paid in cases of serious injuries. There are different indemnities within this group:
- Aesthetic damage
- Bodily harm
- For loss of the fetus
Generally, you can claim compensation for a work accident or injury if you find any liability on the part of the company or employer. For instance, not taking adequate measures to prevent workplace hazards leads to compensation and even a surcharge.
How much can I claim for an accident in the workplace?
The amount of compensation, if deemed necessary, is ascertained based on the consequences of the accident. Consequences may include disability, physical pain and suffering, loss of companionship of a loved one who has died in a fatal accident, job loss, and others. Your compensation will be much higher if it ends up leading to permanent disability.
For most workplace compensation claims, you have 3 months. So, you will have to less 1 day from when the accident happened to start early conciliation. Afterward, you will have at least one month to claim by going to the tribunal.
And, you have 6 months if you need to claim redundancy or equal pay. You will have to less 1 day to undertake early conciliation.
You may face circumstances, which rarely happen, your employer has dismissed you for health and safety or exposure to the public or the authorities of wrongdoing. In this case, you can claim compensation until a tribunal decides your case. To claim, you have 7 days of the day when the employer dismissed you. It would help you if you contract a reliable solicitor for office accident claims.
If you need to make more than one claim, each claim may have different time limits. Suppose you need to claim for unfair dismissal and redundancy pay, you will have 3 and 6 months, respectively. You will have to less 1 day for both claims.
If you are unsure if you are within the time limit for claiming compensation, you need to talk to an expert solicitor.
If applicable, the compensation payment is the employer’s or the insurer’s responsibility that has contracted.
What are the benefits for employees?
In case of an office accident, you, being an employee, are entitled to receive a benefit. Such a benefit will compensate your income that was stopped because you could not work. It will also compensate your medical treatment expenses. Social Security contributions in occupational contingencies for occupational diseases and accidents at work make this benefit possible.
You may find two types of benefits, including temporary disability benefits and permanent disability benefits.
The most common is temporary disability benefit that starts at the moment when the office accident and injury occur that involves a sick leave. This benefit is granted based on whether the worker is registered with Social Security or not.
Permanent disability benefit is determined when the consequences of the work accident prevent the worker from performing the tasks of their working day.
We hope this post will help both the employers and the employees understand workplace accident and all of its aspects, including types, characteristics and compensation. HD Claims will serve you if you need to claim your compensation for office accidents in Scotland. We have expert office accident and injury solicitors who do not charge any fees for their services until they obtain the desirable result you deserve.
Contact us today if you want to know more about your compensation!