What to Know About Claiming Compensation for an Accident at Work

An employer might be taking the best precautions put in place to decrease the possibility of injury or injury to employees at the workplace, but accidents still happen. It is possible that a workplace accident happens because of the fault of a coworker, or because someone forgot to place up safety signs following spills. No matter the reason of the incident, if in an accident at work and sustained any sort of injury due to no reason of your own, you may be able to claim the compensation of your employer. To find out more about the advantages and disadvantages of filing a claim for an injury at work, please take a look.

The Benefits of Claiming Compensation for an injury at work

There are many advantages when you seek compensation for an accident at workplace that results in injuries, no matter if the injury the victim suffered was minor or quite severe Some of them are described below.

Financial worries will no longer be a problem:

A serious injury in the workplace could mean that you are unable to work whether for a short period of duration or for a longer period of. The inability to earn a decent wage could put you under a great deal of financial stress and paying monthly bills like a mortgage, rent and other living expenses that are essential to your life could turn into a problem. Seeking compensation for injuries in the workplace would assist in solving any financial concerns you’re faced with allowing you to concentrate on healing from injuries.

The cost of specialist care is no longer a concern:

The incident at work that the incident you were a part of could result in serious trauma that will require specialist care and therapy regardless of whether the injuries you suffered were psychological or physical. The process of claiming an accident at work and being represented by an attorney on a No Pay No Fee basis could result in access to specialists as well as consultants that you will not have to think about paying for. This type of specialist treatment could be essential to your recovery , and may possibly speed up the process considerably

Travel expenses to receive treatment for your injuries need not need to be a problem:

Travelling to and from a hospital or another medical facility to receive the medical treatment and therapy you require in order to recover can be a stressful experience as the expenses can quickly mount up. A claim for compensation following an injury at work, takes all the worries of how to pay for your travel expenses off the table regardless of whether you travel via train, car taxi, bus, or other means. This is because you would receive compensation for all of travel costs that will be factored into the “special damages” you are awarded on a successful accident at work claim. For more information visit Work Accident Advice Centre.

You could receive general and special damages if you file a claim for compensation due to an accident at work:

You will be awarded both general damages and specific damages in a successful injury on the job claim. General damages are harder to estimate because they are determined by the extent of your injuries and how your work capacity is affected as well as how your overall well-being and health are affected by the injuries you suffered in an accident at work. Special damages are, however, are easier to calculate because they are calculated based on “actual” costs and expenses that arise as a direct result of being involved in an incident at work that injured you, and will be factored into the compensation you receive

Receiving interim payments in advance of a final settlement could make life easier:

If your workplace injuries are one that requires an ongoing, permanent treatment plan and therapy, or because your work-related accident claim is so complex that it may take several years to reach a settlement an attorney to represent you and manage your claim could ensure that you receive interim payments before an agreement on a final settlement has been reached between the parties concerned. This could make your life easier by taking all the worries of how to pay for bills or rent, mortgage and other living expenses off the table , allowing to place your focus on healing from the injuries you suffered from an accident at work.

Your rights as a worker are secured if you’re involved in an accident at work:

Worker’s rights are protected in the UK and also cover you when you are injured in a workplace accident that occurred through no negligence on your part. An employer cannot prevent your right to seek compensation from the suffering and pain as well as any out of pocket expenses you have to cover in the event of being injured in the workplace. If your employer doesn’t agree with making an injury at workplace claim, they will violate the law and they could be in danger of further legal action being taken out against them. This is why you should always seek further professional advice on legal matters from a solicitor experienced in the field of employment law before you do anything else

Your employer cannot sack you for seeking compensation for accidents at work:

Employers cannot legally dismiss the employee because you’re seeking the compensation you deserve for injuries you sustained at work. If they threaten you with sacking or redundancy, you can seek further legal action against them. Employers have to provide another “valid” reason for showing you the exit following an incident at work that caused you to suffer injuries, whether mild or more serious.

Your employer has a legal obligation to safeguard you from injury and harm in the workplace.

All UK employers are required to abide by the rules and regulations the government has set in place to keep workers protected from injury and harm. That means your employer has to adhere to all Health and Safety Executive regulations as well as other legislation. If your employer fails to comply with this in violation of the law, then you have the right to seek damages if you’re injured in an accident that occurred at work due to their carelessness. This is why you should seek legal advice on the you should proceed.

Your employer is legally required to maintain liability insurance in place.

Employers working in the UK must , as per law, have liability insurance in place which provides the legal minimum coverage in the amount of PS5 million. The policy should be displayed clearly in the workplace for everyone to observe. When you file an incident at workplace, it’s the insurance company that is approved by your employer who will handle your case, and it’s the insurance provider who pays the amount of compensation you receive. It is worth noting that should an employer fails to have liability insurance or the policy is provided by an insurance provider which isn’t “recognised”, the enforcing authority has the power to levy hefty fines on your employer which could be as high as PS2,500 per day

A solicitor with experience in handling accident at work claims can ensure that you’re granted the appropriate amount of compensation:

A solicitors firm that is experienced in representing employees when making an accident at work claim against an employer, will work tirelessly to ensure that you receive an amount of money that the injuries you suffered are meritorious being aware that the negotiations would be handled by your employer’s insurance company and solicitor because most personal injury cases (95%) are settled prior to when they are before the judge. This is known as being “settled out of court” or”Part 36 offer” “Part 36 offer” which is proposed through the insurance company of your employer directly to the firm of solicitors that handles your accident at work claim.

95 percent of personal injury claims including those that are work-related , get settled outside of court:

As mentioned previously, should a lawyer believe that you’ve got a good claim against an employer this usually means that your case would not be challenged. The insurer would decide for you to pay your bill prior to it is heard by a judge by submitting an offer known as a Part 36 offer which can make the process much faster.

Working with a solicitor on a No-Win No Fee basis offers many advantages and benefits:

The services of a lawyer who has signed an No Win No Fee agreement that they offer you a variety of benefits and advantages with the most important being that you won’t have to locate the money to pay for legal assistance when you need it most. You only pay your agreed “success fee” when your claim is upheld. Another advantage is that your case will be assessed for no cost during an initial consultation whether the discussion takes place on the phone or during the face-to face meeting, based on the complexity of your case.

The Negatives of Claiming Compensation In the event of an injury at work

A solicitor would need to carefully evaluate your claim prior to making a decision to represent you in the No Win No fee basis. If they decide that you’re not eligible for the services of a solicitor with the No Win No Fee service, they’ll usually provide you with a reason to the reason. It could be because you do not have enough proof in order to “prove” the claim, or it could be that the statutory time limit applicable to an injury claim has expired or is near to expiring. In the end, the time remaining would not be enough for an attorney to collect all the evidence needed to prove your claim and to make sure that no crucial factors of an injury work claim are overlooked.

Collecting all the evidence needed can be complicated and time consuming:

To have an accident at workplace claim to be considered valid, you would need to prove of the fact that your injuries were the result of negligence on the part of the employer or the error by a colleague. However, even in the event that you’re partly to blame for the incident that occurred and the injuries you sustained could be entitled to receive the compensation you deserve because your employer might be found to be partly responsible. If this is the case your compensation will reflect the amount of responsibility you are believed to have suffered in sustaining your injuries. This is also known by the term “contributory obligation”. A good example is that if a court finds you’re 25% responsible for the injuries you suffered and awarded you a sum, the amount entitled to is 25% less than if you sustained your injuries through no fault of your own, but rather due to the negligence of an uninvolved third party, such as your employer. The evidence required is in the following manner:
A record of the accident in the accident report book or by any other official methods
The details of your injuries, as it is sent to RIDDOR should the injuries you suffered be “reportable”
A medical report that details the extent of your injuries provided by an expert medical professional
Witness statements together with contact information for them
The incident was captured on video should it be made accessible
Photos of your injuries – preferably prior to treatment
Photos of the site of the accident

Complex work-related accidents may take years to settle:

When it comes down to complex claims for injuries at work it could take several years for a settlement to be agreed upon by the parties involved. The reason could be that the injuries you sustained were so severe that you need ongoing treatment and therapy. Another reason could be the fact that your injuries are catastrophic and thus life-changing. In which case you would receive interim compensation prior to you receive a full settlement of the injuries you sustained in the course of a workplace accident. These interim payments will be negotiated on your behalf by a seasoned accident at work solicitor with the aim to make the process as smooth as possible for you

There is a 3-year period of time for accident at work claims:

There is a rigorous 3 year personal injury claim period that must be adhered to. Failure to file a claim before the statutory time limit runs out, could mean that you are not eligible in the event of being awarded settlement for injuries that you sustained in an workplace accident. This includes if you have sufficient evidence to show that you could have been awarded should your employer have set in place the necessary and reasonable steps to ensure that your safety from harm while in their job. Even if there’s only two months remaining on the time frame set by law an attorney may not wish to pursue claims on a No Win No Fee basis , simply due to the fact that there wouldn’t be enough time to gather all of the evidence needed when filing an accident claim against a negligent employer

A court appeal if your claim for compensation from an accident at work fails is a lengthy out and complicated legal process:

Should you lose your accident in the workplace, submitting an appeal against a decision of the court is a long-drawn out and complicated legal procedure. The steps needed to be completed before being qualified to appeal should be reserved to an experienced lawyer because if you fail to meet the initial test, a judge would not agree to hear appeal. So, it’s best to discuss the possibility of appealing the decision with an skilled lawyer who is experienced in handling accidents at work who is on the right track to inform you know your chances of winning a case when appealing an accident at work decision.

You may not be awarded the amount you had hoped to receive:

If you’re disappointed by the outcome of an accident at work case because you believe you are entitled to more in the way of compensation than you were awarded then you must discuss your concerns with your lawyer who might recommend that you file an appeal against a decision of the court.

It’s fair to say that the advantages outweigh any negatives in making claims for compensation after an accident at work. Employers with a sense of responsibility will make sure that employees are protected from injury and risk on the job, but accidents do happen. In seeking compensation for injuries that occurred through no fault of your own is an acceptable option to be treated with care when you are injured as a result of an accident that is not due to fault of your own.