LEGAL OBLIGATIONS AND RIGHTS
CHECKLIST FOR UNION REPRESENTATIVES IN THE EVENT OF A WORKPLACE INJURY
Employee Rights Injured employees may have the right to compensation from various sources, including state benefits, workplace insurance, and personal injury claims. Understanding these rights can help ensure that affected workers receive the support they need during recovery.
Employer Obligations Employers are legally obligated to notify regulatory bodies of significant injuries and cooperate with investigations. Ensuring they fulfill these obligations is key to maintaining compliance and promoting safety.
Immediate Actions: • Ensure the injured worker receives immediate medical attention. • Secure the incident scene to prevent further harm and preserve evidence. Reporting: • Report the incident to the appropriate authorities (e.g., HSE) under RIDDOR. • Ensure the incident is documented in the workplace's injury log. Investigation: • Collect evidence, including witness statements and photographs. • Conduct a thorough investigation to determine the root cause of the incident.
Communication: • Inform the injured worker about their rights and the support available. • Communicate with management about the incident and necessary corrective actions. Follow-Up: • Monitor the implementation of corrective measures to prevent recurrence. • Ensure the injured worker receives the necessary follow-up medical care and support. Legal Support: • Assist the injured worker in filing a compensation claim if needed. • Provide legal representation and support through their union's legal services.
LEGAL REPERCUSSIONS
Employer Penalties Failure to comply with the Health and Safety at Work Act can result in significant legal and financial repercussions for employers. This can include heavy fines and, in the most serious cases, imprisonment. Criminal Liability In severe cases, criminal charges may be brought against employers or individuals who negligently breach safety regulations, leading to workplace injuries or fatalities. Filing Claims Where an employer’s negligence has caused a member injury, Thompsons Solicitors can guide you and the members you represent through the process of a compensation claim. As lawyers representing union members, our job is to handle claims efficiently and secure maximum compensation quickly for injured workers. Members should be encouraged to contact the union’s legal services or go directly to the union pages on Thompsons Solicitors’ website to ensure they receive their full compensation. Other firms can take up to 25% of the compensation awarded in personal injury cases to union members to cover legal costs. This usually does not apply if the member receives legal advice through their union membership. Legal Representation In wider health and safety disputes, Thompsons Solicitors has extensive experience bringing challenges under the HSWA to protect members' rights and interests.
IN THE EVENT OF AN INJURY
First Aid and Medical Attention You should be confident that injured employees can receive immediate and appropriate medical attention in the event of an accident. Securing the Scene The incident area should be secured immediately to prevent further harm and preserve evidence. This will help in conducting a thorough investigation later.
Gathering Evidence Collecting comprehensive evidence is vital for understanding the incident. This may include taking witness statements, photographing the scene, and securing any physical evidence related to the event. Documentation Proper documentation is crucial. Incident reports should be detailed and accurate, clearly explaining what happened and the measures taken in response.
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