What are you entitled to if you are injured at work?

  • by

An employer might have the best safety precautions put in place to decrease the risk of injury and injuries to employees in the workplace, however accidents occur. It could be that a workplace incident occurs because of the fault of a work colleague or due to a failure by someone else to erect hazards signs following an incident of spillage. Whatever the cause is, if you’ve been involved in an accident at work and suffered an injury without reason of your own, you may be able to claim the compensation of your employer. For more information about the positive and negatives for seeking compensation for injuries sustained at work, please take a look.

The Positives to Claiming Compensation for an injury at work

There are numerous benefits when you seek compensation for an accident at work that causes injuries, whether the injury you sustained was minor or more serious there are a few listed below.

Financial worries won’t be a major concern.

Any kind of injury during work can result in the inability to work for a brief period of duration or for a longer period of. Not being able to earn a decent wage could put you under a amount of financial pressure and the monthly payments for rent, mortgages, and other living expenses that are essential to your life could be a major issue. In seeking compensation for injuries sustained in the workplace, would alleviate any financial issues you’re faced by allowing you to focus on healing from injuries.

Paying for specialist treatment is no longer a worry:

The incident at work that you were involved in might result in severe trauma that will require specialist treatment and therapy , regardless of whether the injuries sustained were physical or mental. In the event of an accident at work and being represented by a solicitor on a No Pay No Fee basis with Work Accident Advice Centre, could mean having access to specialists as well as consultants that you will not be responsible for having to pay for. This type of specialist treatment could be crucial to your recovery and could even speed up the process considerably

Travel expenses to receive treatment for your injuries should no any longer be an issue:

Transferring to and from hospital or other medical facilities for the treatment and therapy you require to aid your recovery can be a stressful experience as the costs can quickly add up. Seeking compensation following an accident at work takes worries about how you will pay for your travel expenses off the table regardless of whether you need to travel via train, car bus, taxi or by other methods. The reason for this is that you will be compensated for all travel costs that will be included in”special damages. “special damages” you are awarded on a successful accident at work claim.

You would be awarded general as well as special damages when you claim compensation for accidents at work:

You will be awarded both general damages as well as special damages when you win an accident on the job claim. General damages are harder to determine since they are determined by the extent of your injuries and your capacity to work as well as the extent to which your health and wellbeing are affected due to the injury you sustained when you were injured in an accident. Special damages, on the other hand, are easier to estimate since they are based on “actual” costs and expenses that you incur directly as a result of having been injured in an accident at work that injured you, and will be included in the amount you receive.

Receiving interim payments in advance of an agreement finalized could help you to live your life more easily:

If the injuries you sustained at work are such that you require long-term, ongoing treatment and therapy or because your work-related accident claim is so complicated that it could take years before you can reach a settlement an attorney to represent you and oversee your claim will guarantee that you receive interim payment before the final settlement is agreed by the parties involved. It can make life easier by eliminating all worries about how to pay bills, your rent, mortgage and other expenses of living off the table , allowing to place your focus on healing from injuries sustained when you were injured in a workplace accident.

Your rights as a worker are secured in the event that you are in an accident on the job:

Rights of workers are protected in the UK and also cover you when you suffer injuries in a workplace accident that is not the cause or fault of your own. Employers cannot stop you from seeking compensation for the hurt and suffering as with any other out of pocket costs you must pay as a direct result of getting injured on the job. If your employer objects to you making an accident claim at work claim, then they’d be breaking the law and they may be subject to further legal action against them. In this regard, you must always seek legal advice from a lawyer that is skilled in employment law before you undertake any other actions.

Your employer can’t dismiss you for seeking compensation for an accident at work

Employers cannot legally dismiss you because you seek the compensation you deserve for injuries you sustained during work. If they threaten your job with sacking or redundancy, it is possible to initiate legal actions against them. An employer has to have a “valid” justification for giving you the door after an incident at work that caused injuries to you, be they less severe or minor.

Your employer has a legal obligation to protect you from harm and injury in the workplace:

All UK employers are required to comply with the laws and regulations that the government has put in place to protect workers safe from harm and injury. That means employers must comply with all Health and Safety Executive regulations as well as other legislation. If your employer does not comply due to their disregard for the law, then you have the right to pursue compensation should you be injured by an accident on the job because of their negligence. Therefore, you must seek legal advice on how best to proceed

Employers are legally required to carry liability insurance in place:

Employers in the UK must , as per law, be covered by a liability insurance policy that is in place that offers the legal minimum coverage for PS5 million. The policy must be clearly displayed at the workplace for all to view. If you file an accident at work claim, it is your insurance company’s official insurance company that handles your claim and it is the insurer that will pay for the amount of compensation you are awarded. It is important to note that if an employer not be covered by liability insurance or if the policy is offered by an insurance company that is not “recognised” and enforced by the appropriate authority is able to apply hefty fines against your employer that could be up to PS2,500 per day

A lawyer with expertise in handling work related accidents, would ensure you are given the right amount of compensation:

A solicitors’ firm that has extensive experience in representing employees in an injury at work claim against their employer is determined to make sure that you get the amount of compensation that your injuries merit considering that the negotiations are done between your employer’s insurance provider and the solicitor because the majority of personal injury claims (95 percent) are settled prior to when they are heard by an adjudicator. This is known as being “settled out from court” or”Part 36 offer” or “Part 36 offer” which is proposed through your insurance provider’s directly with the solicitor firm which handles your accident work claim.

95 percent of personal injury claims which includes those that are work-related are settled without a court hearing:

As mentioned previously, should a lawyer believe that you have a solid claim against an employer it usually means that your case would not be disputed. In essence, your employer’s insurance provider would choose to settle your claim prior to the judge is even present by proposing an offer known as a Part 36 offer which can accelerate the process significantly.

Engaging with a solicitor on a no-win, no-cost fee basis has many advantages and advantages:

Working with a solicitor having signed an No Win No Fee agreement that they offer you a variety of benefits and advantages with the most important is that you will not have to find the funds to cover legal assistance when you need it most. You only pay your agreed “success fee” when your claim is granted. Another benefit is that your claim would be assessed free of charge during an initial consultation whether the discussion takes place over the phone or in a face-to-face meeting, depending on the complexity of your case.

The disadvantages of seeking compensation For an Accident at Work

A solicitor would need to examine your claim thoroughly before agreeing to represent you on the No Win No Fee basis. If they determine that you’re not eligible for a solicitor to provide you with the No Win No Fee service, they would typically give you a reason for this. It could be that you cannot provide sufficient information in order to “prove” an assertion or that the statutory time limit applicable to an injury claim has been exhausted or is nearing expiration. In other words, the time left would not be enough for the solicitor to gather all the evidence needed to prove your claim and to make sure that no crucial aspects of an accident claim are omitted

Finding all the evidence you need is a challenge and time consuming:

In order for an injury at work claim to be upheld it is necessary to show that you have the fullest evidence that the injuries that you sustained resulted from the negligence of your employer or due to an error or mistake of a coworker. However, even when you’re partially at fault for the accident that took place and the injuries that you sustained could be entitled to an amount of compensation as your employer could be considered to be partially responsible. If this is the case, the amount you receive will be based on the amount of responsibility you are believed to have been liable for your injuries. This is also known by the term “contributory obligation”. For instance, when a court decides that you’re responsible for 25% for the injuries you suffered and you’re awarded a settlement, the amount given would be 25% lower than if the injuries due to no fault of your own but due to the negligence of a third party, namely your employer. The evidence needed is in the following manner:
An account of the incident as detailed in the book of accident reports or by any other official method
The details of your injuries to RIDDOR should the injuries you suffered be “reportable”
A medical report detailing the extent of your injuries provided by an experienced medical professional
Witness statements, along with contact details
CCTV footage of the incident should it be 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 complicated claims arising from accidents at work It can take many years for a settlement to be agreed upon by the parties concerned. The reason could be that the injuries that you suffered were so serious that you require ongoing therapy and treatment. Another reason could be that your injuries are catastrophic and, therefore, life-altering, in the latter case, you’ll be granted interim payments prior to you receive a full settlement of the injuries you sustained from a workplace accident. The interim payments would be made on your behalf by a seasoned workplace accident solicitor, with the ultimate goal of to make life as effortless as possible for you

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

There is a strict 3 year personal injury claim time limit that must be followed. Failure to file a claim before the statutory deadline runs out, could result in you losing out on any settlement for injuries that you suffered in a workplace accident. This is especially true if you have solid evidence of the incident could have been awarded if your employer have set in place all reasonable and necessary steps to keep your safety from harm when you are under their job. Even if only a few months remaining on the deadline for filing a claim the solicitor might choose not to accept any claim on a No Win No Fee basis , simply because there isn’t adequate time in which to accumulate all the evidence needed when filing an injury lawsuit against a negligent employer.

The appeal process for a court decision if your accident at work claim is unsuccessful is a long-drawn out and complicated legal process:

If you lose your accident on the job, submitting an appeal against a court ruling is a long-drawn out and complicated legal procedure. The steps to follow before you are able to appeal are best left up to an experienced lawyer because if you fail to meet the initial test the judge will not accept appeal. This is why it’s recommended to discuss whether or not you should appeal a claim with an skilled lawyer who is experienced in handling accidents at work who is most qualified to inform you know the chances of winning a case when appealing an injury at work ruling.

You may not be awarded the amount of compensation you’d hoped for:

If you’re unhappy with the outcome of your injury at work case because you believe you are entitled to more in the way of the compensation you were awarded, you should talk to your solicitor , who may recommend that you file an appeal to a court decision.

It would be fair to say that the advantages outweigh the negatives when it comes to getting compensation for accidents at work. Employers with a sense of responsibility will make sure that employees are protected from harm and injury in the workplace, but accidents still occur. In seeking compensation for injuries that occurred through no fault of your own is a legitimate option to be taken care of responsibly when you suffer an injury in an accident at work which was not the negligence of yours.