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Question: I suffered an injury to my eye in an accident at work. I was operating a piece of equipment, a circular saw, and a splinter of wood flew into my eye. The accidenthappened at my last job and at the time I was reluctant to make a claim against my employer. Unfortunately, I did not enter details in the accident report book. Can I still make a claim?
Answer: The description that you have given of the accident suggests that you were not wearing eye protectors, such as goggles, when the injury occurred. Under the Personal Protective Equipment Regulations 1992, an employer is under a duty to ensure that suitable personal protective equipment is provided to employees who may be exposed to a risk to their health and safety while at work. Therefore, if your employer failed to provide you with eye protectors, you would be able to pursue a claim under the Regulations for the injury and financial loss that you suffered as a result of the accident.
The fact that you did not enter details of your accident in the accident report book will not prevent you from claiming compensation. It is always best for an accurate record to be made of an accident as soon as possible after it occurs as this helps in proving theaccident and injury. In your case however there will still be many other ways of proving your claim including your own evidence, the evidence of any work colleagues who witnessed your accident and your medical records. It is also anticipated that yourprevious employer will recall your accident and will be able to confirm the circumstances to their employers liability insurers who will deal with your claim. Additionally, your employer should have sent a written report of your accident to the Health and Safety Executive.
Finally, there is a general time limit of three years that applies to personal injury claimssuch as yours. Therefore, provided that your accident occurred less than three years ago, you will still be within time to pursue a claim for compensation. Please be aware however that the time limit specifies that court proceedings must be commenced within three years of the date of the accident. It is not sufficient to merely notify your previous employer of your claim within that time. If your claim is not issued at court within the three year time limit, you are likely to be barred from claiming compensation. A solicitor will be able to advise and assist you further with this.
If you have a question for our legal advice team you can submit it by email:enquiries@comercrawley.co.uk or in writing to: Chancery House, Victoria Road, Diss, Norfolk IP22 4HZ.
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