In many cases, clinical negligence claims arise because of a serious injury at work. If a worker is forced to miss days at work and, therefore, salary as a result of an injury, the employer or the employer’s insurance policy is forced to pay the claim. The worker must be able to prove that the injury was the employer’s fault, due to making the employee work in unsafe conditions. All employees should document any injuries that occur on the jobsite in order to file one of these claims properly.
Before beginning the clinical negligence claims process, a worker must have proof that the employer was responsible for the injury. In most cases, this involves speaking with witnesses and taking photos of the area. In some scenarios, proving negligence is easy, such as in situations where a worker was forced to climb a ladder in the rain or other situations where the employer did not follow safety regulations. Other cases are more difficult to prove, such as a fall on the pavement in the parking lot of an office building. In these cases, it is a good idea to take pictures of the accident scene to highlight why the area is unsafe.
Reporting the Accident
Before any employee can go through the clinical negligence claims process, he or she must file a report in the company’s accident book. Filing this report ensures that the incident is officially noted and helps if a claim is filed. The employer should then report the case to the Health Survey for England for further review. Employees can check online to ensure that the employer has filed this report with the HSE.
Next, workers should make sure that they check the company’s written policy regarding jobsite accidents. This will include information in sick and accident pay. If the company provides accident pay, the clinical negligence claims can be filed for a lesser amount to cover medical costs, but not lost wages. If the employer fails to recognize his or her responsibility, the worker must take the next step in this process.
Filing a Claim
In situations where the employer will not take responsibility for the accident, clinical negligence claims become necessary. The accident must have taken place within the last three years to be eligible. Those who work for a unionized company can use its legal services. Those who do not should contact a personal injury lawyer. This lawyer will start the process immediately by looking at the information that the worker has collected and taking the next step.
The employer will have insurance to cover this situation, so employees do not have to worry about putting the company out of business. The lawyer will contact the employer and attempt to come to a resolution out of court will probably be deferred to the insurance company. Once the insurance company gets involved, it will decide to either issue a pay-out or fight the situation in court.
Once it reaches court, witnesses and evidence are a major key. This is why following the correct reporting procedure is so important, as the courts need to see that this injury was noted at the time that it occurred. Any medical records from the time following the injury should also be included, as they show the extent of the injury and why the employee cannot return to work anytime soon.
Employers have a responsibility in keeping their employees safe at the workplace and these laws are in place to help everyone to stay safe. By filing clinical negligence claims after an injury, workers are doing their part in ensuring that the jobsite remains safe for all. Both sides have a responsibility in this situation, but as long as the worker was following the instructions of the employer, the courts will usually decide in his or her favour.