October 24, 2012

MU0012 [Employee Relations Management] Set1 Q4

Q.4 Vikram is a trade union leader with fifteen years of experience in a motor parts manufacturing factory. One of the laborer’s in the factory met with an accident while on duty. What will be the different means by which he will ensure that the laborer is well compensated for the work-related injury? 

Ans:

To many people, their job is a key part of the person they think they are. It's not just a means to an end, it's a crucial part of their identity. That's why injury or illness caused by negligence in the workplace can have an impact and ramifications far beyond the immediate physical suffering. In the event of being injured in a work related incident which has been caused by the negligence of others, you have every right to feel let down, either by your employer, or your workmates. While compensation can never fully make up for the distress of a work accident, it can help reimburse you for any wages lost and provide a sense of justice being done on your behalf.

What You Need To Make A Work Injury Claim
In order to make a claim for an accident at work, you will need evidence which proves that your injuries have been caused by negligence or working practice in the workplace. This evidence could take the following forms:
Witnesses
Employers logs
Previous similar work accidents
Ambulance attendance at the scene
An accident book
Doctors notes

There are many others forms the evidence could take, often dependent upon the nature of your workplace.

It will then be up to yourself and the expert injury solicitor working on your behalf to prove that the injuries were the result of negligence on the part of your employer. It has to be borne in mind when making a claim such as this that you will be giving evidence against your employer.

Many people will feel uncomfortable doing this but always remember the following:
-- You are not alone. An expert solicitor will be on hand to guide you every step of the way.
-- Employers are insured against any losses incurred as a result of your claim - you won't be taking any money direct from your boss.
-- Employers may actually welcome one or two cases which help them to strengthen health and safety standards, thus avoiding larger lawsuits in the future.
-- Strictly enforced laws mean that employers unwilling to compensate for workplace injuries or to adapt their practices will face far stiffer penalties.

You may still feel worried about making a claim against your boss, despite the legislation in place to protect employees who do so, in which case it will be valuable and reassuring to discuss the details of your case and any possible ramifications with a solicitor before embarking upon any action.

There are some injuries which crop up on a regular basis as a result of workplace accidents. These include back injuries, hernias and hand injuries. In the case of common injuries such as these, the claim may be easier to settle as the levels of compensation are already well known. Work injury claims are often complicated by the nature of the workplace itself, and for more detail on the issues involved see our site dedicated to employer liability and work injury claims in detail. It should be borne in mind that the prohibitive cost to employers of workplace injuries means that they often go to great lengths in order to prevent accidents. 

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