Accident at work claims have no real solid definition. These claims can refer to any number of situations where the injured party is injured during the time of employment, and the injury happened as a direct result of the negligence of the employer. Attorneys will often refer to accident at work claims as an employer’s liability claim. In order for accident at work claims to be successful, the attorney must be able to prove that the employer was responsible for the occurrence of the accident causing the injury to the employee.
Employees have certain rights after a work injury has occurred. These rights are to make sure that the employee receives entitled due compensation for lost work time, and to make sure that the employee’s job is secure without risk of termination because of the occurrence of an injury.
There are several laws protecting certain types of employees and those in certain industries, where the work required by the employer causes exposure to certain health and injury risks. Accident at work claims are taken very seriously by employers because of the extensive consequences that go along with not handling the situation properly. Laws on this matter exist to keep injuries from happening and to reduce the risk of an accident at work claim being filed, but additionally to make sure employees are given fair treatment should they decide to file one or several accident at work claims.
If the employee’s injury was a direct result of the employer’s negligence (and is why you need time off of work) then the employer is not required by the law to provide you with compensation of the employee’s full salary. However, those suffering from a workplace injury who have filed an
accident at work claim are more often than not entitled to compensation from sick pay. As a base rule, employers must pay the injured employee a SSP, or “Statutory Sick Pay.” The catch there though is that SSP will only apply or be paid if the employee has been out of work for no less than four consecutive days. In addition to the four consecutive days requirement, the employee’s salary must be at least a certain baseline amount per week in order to qualify for SSP. Furthermore, the injured employee must immediately report the injury to the employer upon it’s occurrence.
The terms of an employee’s work contract or description may entitle them to more compensation that the base amount of SSP. If the employee’s injury qualifies as a disability, the employer is often required to pay the employee’s full salary. In any event, if there is a discrepancy between the employee’s full salary and the sick pay compensated during the employee’s recovery, the employee is entitled to a claim for the amount of the discrepancy as part of an accident at work claim.