What is a workplace injury?
It could be a straight forward accident which happens to you at your place of work. The most common types are slipping and tripping, falling off something or in the handling of various items.
It could be an injury sustained whilst away from workplace but still during the course of employment e.g. as a delivery driver.
It could be a disease such as dermatitis from using chemicals at work, repetitive strain injury or even symptoms relating to conditions that develop long after you have left work, for example, asbestos disease.
It does not have to be a physical injury and could be psychiatric such as depression resulting from overwork or bullying.
Am I entitled to compensation?
You may be entitled to a payment for the pain and suffering you have endured and also for any other losses such as loss of earnings. These payments can be claimed from the insurance company for the employer if the employer is at fault in some way.
Accidents will happen, so why should I claim?
The law states that all employers must take out employer’s liability insurance which will pay compensation to employees who are injured. The insurance company will only pay out if a valid claim can be made against the employer. Most injuries are preventable by the employer because they control the work place, the equipment and the system of work. There are many regulations for employers to comply with and many injuries are found to be their responsibility when the facts are examined. We are experts at handling these claims and can advise you on your situation.
Claiming might upset my employer
Some employers might not like their health and safety standards being criticised but most will understand that this process has to be gone through in order for you to get compensation. Their insurance then covers them so it is unlikely they will have to pay anything. Their insurers may recommend or require them to change something at work but this is a good thing in that i
t will help to prevent someone else from being injured in the same way.
An employer who dismisses someone (or makes their life uncomfortable) because they are making an accident claim is likely to be breaching employment law. We can also advise on this.
My employer may just prefer to carry on paying me
There is nothing wrong with that either as a good will gesture or as an obligation under the contract of employment. But it is not the same as paying compensation for the actual injury which you may be entitled. This is especially important if you do not make a full recovery or suffer an injury which could get worse in the future. Your employer should not pay this compensation themselves as their insurance will cover this.
Is there a time limit?
It will become quite difficult to make a claim if your injury was more than three years ago but there are exceptions, especially when the injury is something which is not known about at the time. It is always worth checking the situation with us.
How much will it cost to make a claim?
We offer a free initial interview in order for you to discuss with us the possibility of making a personal injury claim, during which we will advise in detail about funding and the claim process. We are able to offer No Win, No Fee agreements following assessment of your claim when the claim looks likely to succeed.
What can you do to help your claim succeed?
- If you haven’t done so already, seek medical attention for your injuries. It is important that there is some independent record of your injuries and the treatment you require/receive. Give indications of the cause whenever you can.
- Ensure that your accident is reported to whoever is responsible. Insist that an Accident report is completed in an accident book.
- Review whether the person who you reported your accident to takes any remedial action i.e. is there a repair, warning issued etc. Take more photographs if necessary showing the remedial work.
- Take photographs showing the extent of your injuries.
- Make a note of any witnesses to your accident and their contact details. Any evidence to corroborate your account of how your accident occurred will be helpful.
- Keep a pain diary, noting the extent of your injuries and the effect this is having on your ability to work and day to day activities. Hopefully you will make a quick recovery and it is helpful to look back at the diary for a record of how your injuries affected you and the progress of your recovery.
- Keep any receipts or invoices of expenses you have incurred as a result of your accident and a record of any trips to your GP and hospital.
- Take legal advice about your claim as soon as possible. Don’t delay! There are strict time limits in pursuing a personal injury claim and it is important you act swiftly to ensure that the evidence relevant to you case is gathered and preserved whilst it is fresh, for witnesses to be traced while their memories of your accident are clear, and to ensure your claim is not out of time.