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Accidents at Work:
Frequently Asked Questions
Embarrassing to sue employer?
If I am injured at work, can my employer
sack me if I claim?
Who is to blame for accident at work?
What procedure is involved in a claim
for an accident at work?
What witnesses should I bring in a
case of accident at work?
Do i need to go to court for accident
at work?
Embarrassing to sue employer?
Employees can be reluctant to sue Employers in cases where the Employee
wishes to continue to work with that Employer. This embarrassment
is understandable. Generally, in large organisations, there is not
as much reluctance to sue. The general approach which Employees
take is that, if the injury is a minor one, it might not be worthwhile
to sue , as this can damage the relationship; however, if the injury
is serious (especially if it is likely to last into the future)
then the Employee will sue. Usually, it is the Employer’s
Insurance which pays the compensation.
If I am injured
at work, can my employer sack me if I claim?
Your Employer is not permitted at law to dismiss you if you make
an accident claim. In summary, if your injury is serious, you should
proceed even though there might be some degree of embarrassment
and reluctance on your part.
Who is to blame
for accident at work?
There is a heavy onus on Employers to ensure that Employees do not
become injured at work. Accordingly, the Employer is under many
obligations to ensure that the work place is safe, that prudent
procedures are used in work processes, that the work- station is
laid out so as not to cause injury and that activities are monitored
so as to keep risk of injury to a minimum. Accordingly, it is easier
than one might expect to show that an Employer is liable for an
Injury.
What procedure is
involved in a claim for an accident at work?
It is done by way of the PIAB process (see above) ; if the PIAB
process is not successful, then one goes to Court (see Court process
procedure above).
What witnesses should
I bring in a case of accident at work?
The procedure is the same as outlined above in the Court process
as explained above.
Do i need to go to
court for accident at work?
Most injury cases are resolved out of Court so there is generally
not any need to go to Court.
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