There can be a hesitancy shown by employees to pursue their employers for compensation when they have suffered an injury at work. This is understandable, since all of us like to feel we have a good working relationship with our bosses, and none of us would willing sabotage that if it can be helped at all. But actually, there is little reason to fear the destruction of a good rapport with either our colleagues or superiors by making an injury claim, and even less reason to believe making one should lead to the loss of your job.
There are a vast number of situations that may prompt an employee to make an accident at work claim, though they can depend greatly on the industry sector in question. From a simple slip and fall that leaves an ankle broken, to faulty machinery that causes a limb to be severed, the risks in any workplace are numerous.
But regardless of the type of accident that an employee might have in the workplace, there is no reason to be hesitant in making a claim. In fact, here are three reasons why. Matter of Law The premier reason why making a claim against an employer is nothing to be nervous about is that the law permits and protects the claimant. Once an incident can be proven to have caused injury and was due to the negligence of the employer, the law states that the injured employee is entitled to make a claim. Of course, it is only natural that the employer will not welcome such a development with open arms, but whether or not a claim is successful, the employer is not allowed to dismiss the claimant. In fact, he is not permitted to alter the terms of employment, number of working hours or in any way punish an employee for making a claim. That means that once the outcome of a claim is decided, there is no victimisation permitted, in any way. The truth is that victimisation very rarely occurs in any case. This is generally because the matter is dealt with between lawyers and insurance representatives, allowing employee and employer time to get on with things.
Having said that, claims that are proven to be frivolous can sometimes provide an employer with grounds to dismiss, though it is important to note that just because a claim is unsuccessful does not mean it was frivolous. Insurance Pays, Not the Employer The common fear, particularly amongst those who work for small companies, is that the consequence of making a claim would be to seriously damage the financial position of the company. More often than not, the employer is actually very sympathetic and supportive, and often offer to pay for any medical expenses incurred. This is fine, but loss of earnings is a separate matter and a claim is often the best way to put such things right. However, any fear that the company will suffer financially in any significant way is not true.
The fact is that every employer is required to have Employer Liability Insurance, the very purpose of which is to cover the needs of injured employees who may be seeking compensation for sustaining an injury in the work place. Therefore, an employer is already prepared to pay out. The only consequences that an employer will suffer is the expense of putting in place improved safety measures, and an increased insurance premium. Employers are Human Too If a claimant already has a good relationship with an employer, it is highly probably that there would be agreement between both parties in the first place. A court case would probably not occur and everything can be sorted out very amicably. This is because employers are human too and most will understand completely why an injury claim was made. The only reason why there may be disagreement is generally if the claimant is perceived to be unreasonable in the extent of their claim. However, if evidence from medical reports and eye witness reports on the accident are accurate, then the claimant is entitled to the maximum of the amount of compensation possible. That is why, when making an accident at work claim, all of the supporting documentation should be in order.
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