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Should I mention my work accident compensation claim to my boss?
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Kate
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Yes you should mention your claim to your boss. Hopefully, they are fully aware of the accident that happened at work, and the injuries you sustained so it should be no big surprise to them. Out of courtesy, they ought to know what you are doing so that they not shocked when they receive communication from a law firm informing them.
Perhaps if they had been a bit more diligent about health and safety matters, they would not now find themselves in this situation. Many bosses probably think to themselves ‘if only” – if only they had complied with the rules and regulations such as:
• Having a health and safety policy which all their staff knew and adhered to
• They had made sure all the staff took proper breaks
• Ensuring that the employees have enough room to work without excessive twisting and turning
• Having insisted on all the walkways being kept clear, no obstructions and spillages cleaned as soon as possible
• Having procedures in place in case of an emergency
• Having regular fire drills
• Making sure all equipment is in good working order
• Making sure all the staff are well trained to use the equipment
• Providing protective clothing to the staff, and not charging them for it
• Keeping an accident book to record all the accidents
• Reporting serious accidents to HSE
• Carrying our risk assessments and acting on any findings
If only they had done as they should, they may not now be facing a claim for work accident compensation.
Risk Assessments
Risk assessments seem to be one of the stumbling blocks because employers seem to think they have to pay someone a lot of money to prepare one. This may be the case if you need a specialist report, maybe because of asbestos or something, but risk assessments they can carry out themselves.
It can be useful to get at least one member of staff to carry out the assessment with them as the staff may notice something the employer misses. All they need do is walk around the premises looking for potential safety risks, and do something about them if possible. If not all staff must be warned of the potential danger.
It is best to write down what they have done, what they have found and the action they have taken, even though if they have less than 5 staff this is not a legal requirement. But if they have it in writing, dated and signed, then they at least have proof that they have tried to keep the workplace safe.
Your boss’s reaction
Hopefully, you boss will react well to knowing about your claim and appreciate why you are making one. If they do not and start to treat you badly because of it, you have the option of taking them to an employment tribunal. It is illegal for them to behave this way because you have made a personal injury compensation claim against them.
Beckett, K. 2014, Should I mention my work accident compensation claim to my boss?, Kate.