Accident at Work Claims for Compensation

 

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    Accident at Work

    Accidents in the workplace are a common occurrence, and many of these accidents could have been avoided by employers implementing the correct measures and procedures to minimise the risk of an accident at work from taking place. If you have sustained an injury at work as a result of an accident, then you may be able to make a “no win, no fee” personal injury claim against your employer.

    If it can be established that someone else is responsible for your injury, such as your employer, a colleague, or a company performing work at your place of work, then you have the basis of a claim for compensation.

    Your Employer’s Responsibilities

    Your employer is obligated by law to provide a safe work conditions and a healthy environment in which you can work.

    Your employer must always provide appropriate training and where necessary the correct and suitable equipment to help you perform your duties safely. Your employer is also under a duty to properly maintain the work environment and the equipment you use to ensure that it remains safe at all times.

    Health and safety laws and legislation have significantly increased the level of protection open to employees. There are numerous written health and safety regulations and laws designed to prevent accidents in the workplace and any breach of these regulations can cause accidents with undesirable consequences. The Health and Safety Executive have set out guidance on their website for employers to assist in the implementation of Health and Safety Legislation on the workplace.

    Common Types of Accident at Work

    To find out about making a claim for industrial injuries, have a look at this section on our website.

    What should I do if I have an accident at work?

    In the event you are unfortunate enough to suffer an accident at work then we would recommend that you do the following:-

    • Report your accident to your supervisor or manager as quickly as possible.
    • Make sure that an accurate description of the accident is written in the work accident book.  Your employer is legally required to keep an accident book and you should check any entries as it may be important evidence in your case.
    • If possible, take photographs and prepare a sketch of the accident area, and any equipment that was involved.
    • Ensure you take the contact details of any witnesses to the accident.
    • Try to find out if there have been any similar accidents or any complaints that may be relevant to your accident.
    • Seek medical advice from your GP or hospital.
    • Keep a record of any expenses incurred by you.
    • Always seek legal advice before agreeing anything with your employer or their representative regarding the accident.

    How Much Compensation will I receive for an Accident at Work?

    If you have been injured in an accident at work, and you decide to make a claim, the compensation awarded to you for your injuries will be dependent on the type of injury and the level of pain and suffering you sustained. It is difficult to value a claim without knowing all the details of the injury. As many injuries are complex, especially those which are ongoing, it may be necessary to obtain a medical evaluation of your injuries before we can make an estimation on the value of your injuries.

    The valuation of your general damages will be based on recent case law, as well as guidelines set out by the Judicial College.

    In addition to your claim for compensation for your injuries, you may also be able to make a claim for additional financial losses. Your additional losses can include the following:

    • Loss of earnings if you required time off due to the accident.
    • Travel costs – for travel to and from medical appointments
    • Parking costs at medical appointments
    • Costs of any care received
    • Medical treatment costs

    You should ensure that you keep all receipts and invoices for your additional losses as these will be required to prove your loss.

    Will I be dismissed if I make a claim?

    When people consider making a claim against their employer, they are often concerned that they will be dismissed or treated badly.  We can however assure you that your employer is not permitted to terminate your employment or abuse you just because you have made a claim against them.

    Your employer should have appropriate insurance in place which is designed to cover them in the event any of their employees are injured due to their negligence or a breach of statutory duty.  You should therefore appreciate that your employer’s insurers will cover any claim, and not your employer’s directly.

    How Long Do I Have to Make an Accident at Work Claim?

    There is a three year time limit for all personal injury claims. Your claim will become statute barred and you will lose your entitlement to bring a claim for compensation if you do not make a claim within three years of the accident date (or from the date on which you became aware that your injury was caused by an accident at work)

    We would recommend making a claim as soon as possible as the deadline relates to the settlement of the case, not the initiation of the case. If the case takes longer than expected to settle, the Court may allow for an extension past the three year deadline.

    Can I make a Claim if I was Partially Responsible for the Accident?

    If the Accident was 100% caused by you, you will be unable to make a claim against your employer as they were not responsible for your accident or injuries. If you were partially to blame for your accident, you may be able to make a claim against your employer if it can be proved that their negligence was the main cause of the accident. If you were partially responsible for the accident, the level of compensation you receive may be reduced to reflect this. 

    How to Make a Claim for an Accident at Work

    If you have been injured as a result of an accident, you should get in touch with a law firm, such as Beacon Law, who specialise in Personal Injury claims. The process for making a claim against your employer will involve:

    • A phone call with an experienced Personal Injury Solicitor: Your Solicitor will need you to provide your employers details, the circumstances, time and date of the accident, the nature of you injuries, and details on whether the accident was reported, or if there were any witnesses present.
    • Paperwork: When you have provided your agreement to proceed with the claim on a no win, no fee basis, we will provide you with some paperwork to fill in regarding your claim.
    • Claim initiation: As soon as you have provided your signed paperwork, we will contact your employer to advise them of your claim.

    How Long Will it Take to Settle my Case?

    It is very difficult to predict how long it will take to settle any case. If your case is straight-forward, your injuries are minor, and your employer admits liability within the required time frames, it should take around 6-9 months to settle your claim. The claims process is not always straight-forward and there are many factors which could cause a delay in settling you claim, such as an unresponsive defendant, difficulties in obtaining evidence, and serious, complicated injuries.

    The timescales from the initiation of a claim to obtaining compensation will vary depending on whether your employer admits or denies liability for your accident. The seriousness of your injuries may also have an impact on the amount of time it will take for us to settle your claim.

    For more information on the claims process, feel free to look at this section of our website.

    Why Choose Beacon Law?

    Beacon Law provides a team of highly experienced Solicitors and legal professionals. We provide a high level of service to all our clients and work hard to ensure you receive the highest level of accident at work compensation for your injuries. We are specialist Personal Injury solicitors with expertise in all types of claims, including, road traffic accidents, slips, trips, falls, and criminal injuries. Beacon Law is regulated by the Solicitors Regulation Authority. To find out about our no win, no fee funding, have a look at the funding section on our website.

    To find out more about making a workplace accident, take a look at our FAQ’s.

     

    Make a Claim

    Contact us today to find out if you have a claim.

    Use our Contact Forms or Call 0330 1332 857

    Contact Us

     

    General Enquiries:

    0161 428 1234

    New Claims: 

    0330 1332 857

    Fax: 

    0161 239 1072

    Address

    Beacon Law

    1st Floor

    Shirley House

    12 Gatley Road

    Cheadle

    Cheshire

    SK8 1PY