How do you prove you’re an employee when you’ve been injured at work?

Imagine you have an accident at work and sustain serious injuries because the equipment you were using was not adequately maintained by your employer or you had not been properly trained. In a situation such as this, you could be entitled to claim damages from your employer’s insurance. What then would you do if your employer denied you were an employee or even that they actually knew you?

Being claimant personal injury lawyers, we occasionally come across instances such as this. If an employee is paid cash-in-hand, there’re no payroll records, no HMRC evidence or any contract of employment, it may present a problem. The onus is on the claimant to prove they are an employee and that the accident occurred on their work premises.

What can be done in these circumstances to prove the employment status?

  • The claimant can provide a detailed witness statement of their employment, including interview details, dates of employment, salary, bank statements showing cash paid in, names of colleagues and management, and names of family and friends who are aware of their employment. Obtaining witness statements from colleagues may be difficult as they could fear reprisal if they are still working for the defendant employer.
  • If an ambulance was called following the accident, there will be a record of where the pick-up was made. Also, A&E records will provide the timings of the admission and anyone attending with the claimant.
  • Medical evidence will show whether the injuries tally with the description of the accident and the circumstances described by the claimant.
  • Social media photographs, phone data, emails and the employer’s website may show links between the employer and the claimant.

If you’ve had an accident at work (or anywhere else) which was not your fault, contact us to find out whether you can make a claim. All enquires are free and confidential and we will never pressure you to pursue a claim.

We are members of the Association of Personal Injury Lawyers (APIL) and we can arrange ‘no win, no fee’ agreements. Call us on 01425 275555 or email info@simpkinsand.co.uk.

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Simpkins & Co Solicitors was founded in May 2004.

Simpkins & Co is a law firm based in Lyndhurst, Hampshire between Southampton and Bournemouth.

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