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Claiming compensation after an accident at work
If you have suffered personal injury as a result of an accident at work you may be entitled to make an accident at work claim for compensation. Beckett & Co Solicitors are specialist personal injury solicitors with years of experience handling accident at work claims. We can help you to make an accident at work claim and ensure that you receive 100% of your compensation.
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Who can make an accident at work claim?
If an employer fails to take steps to safeguard your safety at work and you are injured whilst at work you may be entitled to make a claim.
Examples of an employer's duties include the following:
• A duty to provide a safe place of work • A duty to provide adequate training and instruction • A duty to provide adequate protective clothing and equipment • A duty to assess the risks of lifting heavy weights or equipment • A duty to maintain equipment and machinery in a safe condition
If the employer fails to comply with these duties and a worker has an accident at work then a work injury claim could be made. The right to make an accident at work claim covers all employees including temporary, casual and permanent employees. You can make a claim if you work full time or part time and you can claim even if you do not have a written contract of employment. If you are self-employed and injured as a result of another person’s actions you may also be able to bring a claim.
Will I lose my job if I make an accident at work claim?
Employees are often reluctant to make a work injury claim against their employer as they are afraid that it may cause difficulties for them at work. However, it is important to remember that your employer is not allowed to take any action against you simply because you make a claim. It is against the law for an employer to dismiss a worker because they make an accident at work claim.
Who pays the compensation awarded for an accident at work claim?
Every year thousands of workers are injured in accidents at work and are entitled to bring a claim for personal injury compensation against their employer. To ensure that injured workers are able to claim full and proper compensation by law every employer must have a policy of insurance known as Employers Liability Insurance. The purpose of this insurance is to pay any compensation awarded following an accident at work claim. This means that the compensation and costs of making a claim are paid by the insurance company rather than the actual employer.
Can I make an accident at work claim even if I did not take any time off work or I did not lose earnings?
When considering a work accident claim many people think about the financial aspects of a case - in particular loss of earnings. Many people believe that they can only make an accident at work claim if they had to take time off work or lost earnings as a result of the injury sustained. This is not true - a claim can still be brought if you were able to continue working or if you were paid in full after an accident at work. If you have incurred loss of earnings following a work injury this will form an important part of any claim but it is important to remember that, in addition to any financial losses, you are also entitled to claim compensation for the actual injury itself.
Medical treatment following an accident at work
If you are injured in an accident at work it is important that you obtain appropriate medical treatment. It may be that your injury is not so severe that you need to go to hospital, however, you should at least make an appointment to see your GP for advice about your injury after an accident at work. You should ensure that you tell your GP how the injury was sustained as your medical records will form an important part of the evidence used to support your accident at work claim. In more serious cases it may be necessary to seek attention at the hospital emergency department. If the effects of an injury are visible - for instance bruising or swelling etc - it can be useful to take photographs of the injuries sustained.
Reporting an accident at work
You should report all accidents and injuries sustained at work no matter how minor they may seem to be. You should report any accident at work to your supervisor or manager. Most employers will have an accident record book into which an accident report can be made. If the employer does not have an accident book you should still ensure that you tell your employer or manager about the accident and ask that the details are recorded. The accident book record will be useful in supporting any accident at work claim brought later on. It is also helpful if you keep details of any witnesses to the accident.
Claiming compensation for personal injury after an accident at work
Personal injury compensation claims consist of two types of compensation. These two types of compensation are known as General Damages and Financial Losses.
General Damages: this relates to compensation for the actual injury sustained in an accident at work. The purpose of general damages is to compensate the injured worker for the pain and suffering caused by the injury. This part of the compensation also takes into account the way in which the injured person's day to day life and activities have been affected by the injury. For example, the injury may have affected your ability to care for yourself or carry out your normal household or domestic activities. It also covers things such as your ability to enjoy your usual hobbies, sports and interests; your ability to drive; and whether your sleep was disturbed by the pain of the injury.
The amount of general damages that you are awarded for an accident at work claim will depend upon the severity of the injury, the effect of the injury on your day to day activity and the length of time taken to make a full recovery. In more serious cases the extent and effect of any permanent symptoms will be taken into account along with any effect on future ability to work and employment prospects.
Financial Losses: any financial losses or expenses that are incurred as a result of an accident at work can be included within a claim for compensation. Most commonly this relates to loss of earnings but can also include medical treatment costs, travel expenses incurred travelling to and from medical appointments, medication and prescription charges and the cost of care received after the accident. In serious injury cases there may be claims for future loss of earnings. future care and assistance costs and future costs of medical treatment.
In every accident at work case it is important to keep a record of any financial losses and expenses that have been incurred and to keep receipts as evidence to support your claim. Details and receipts should be provided to your personal injury solicitor who will also obtain information about loss of earnings from your employer and make a calculation of the losses to be included within your claim.
How to make an accident at work claim
Accident at work claims are not always straightforward and it is therefore important that you obtain advice from an expert personal injury solicitor. It is usually best to obtain independent legal advice as soon as possible after an accident at work so that your personal injury solicitor can ensure that the claim is properly investigated and all relevant evidence to support your claim can be obtained. At Beckett & Co we are happy to offer free, no obligation advice by phone or at a free meeting. If you are injured you may find it difficult to visit our offices or this may simply be inconvenient for you. We are therefore happy to arrange a free home visit and a personal injury solicitor will visit you at home to discuss your case and answer your questions. To speak to a personal injury solicitor to discuss your accident at work claim call us on freephone 0800 731 5434 or contact us.
Alternatively you can send us your details by completing an on-line enquiry or request a free call back and we will contact you.
Remember - we are happy to act on a no win - no fee basis and will ensure that you keep 100% of your compensation.
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Contact us today about making an accident at work claim Freephone 0800 731 5434 or Telephone: 01772 472554 |
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