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How to Claim When Injured at Work
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Suffering an injury in the workplace can be a daunting experience, impacting not only your physical well-being but also your livelihood. Navigating the aftermath of a workplace accident can be daunting, especially when considering the potential physical, emotional, and financial toll it may cause. Understanding the timelines and procedures for filing a claim is essential for securing necessary compensation and support.
If you have been involved in an accident at work that was not your fault and have been left wondering how to claim when injured at work, our personal injury solicitors can provide the guidance and assistance that you need to claim the compensation you deserve.
Common types of accidents at work
The types of accidents that can lead to claims for an accident at work may depend on the specific circumstances of each incident, but the majority of accidents that result in work accident claims include:
These accidents can result in a range of injuries, such as broken bones, head injuries, and sprains, and can lead to work accident claims if they were caused by a hazard that an employer has failed to address.
This includes injuries caused by lifting, carrying, or moving heavy objects, and can result in back injuries or other types of musculoskeletal disorders.
Industrial machinery accidents:
These types of accidents can result in serious injuries, such as amputations, and can be caused by a lack of training, poor maintenance, or inadequate safety measures.
Work-related road traffic accidents:
These can occur when employees are required to drive for extended periods of time, such as making deliveries, and can result in injuries to the employee or other drivers or passengers.
This includes any accidents on construction sites, such as falls from scaffolding, being struck by falling objects, or accidents involving heavy machinery.
If you have been injured at work, you may be entitled to make a claim. It is important to seek legal advice from a qualified work accident lawyer. They can help you understand your rights throughout the claims process.
What should I do following an accident at work?
Report the accident to your employer:
You should report the accident to your employer. This should be done in writing and should include all the details of the accident, as well as the names and contact details of any witnesses. Your employer should have an accident book available to record details of any accidents at work.
Seek medical attention:
You should seek medical attention for your injuries as soon as possible. Make sure to keep a record of all medical treatment you receive, including any medication you take and any medical bills you incur.
Gather evidence:
It is important to gather as much evidence as possible to support your claim. This may include photographs of the accident scene, witness statements, and any other documentation that may be relevant to your case.
Contact an accident at work solicitor:
If you are interested in making a claim, contact accident at work lawyers, such as Beacon Law. We can provide you with expert advice and represent you in court proceedings.
Your employers’ responsibilities
Safety at work is extremely important. Your employer has a duty of care towards you and is obligated by law (the Health and Safety at Work Act 1974) to provide 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 through regular risk assessments to ensure that it remains safe at all times. If an accident does occur in the workplace, then your employer must report it to the Health and Safety Executive (HSE).
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.
How to claim when injured at work
During your initial consultation, our specialist solicitors will provide you with legal advice about injury at work claims and will inform you about the relevant limitation rules before you start your claim.
Our personal injury lawyers will then ask you for details about your accident and the initial injuries that were suffered as a result. This will help our injury lawyers to assess the likelihood of your claim being successful.
During these initial stages of your claim for compensation, it is vital that you gather the relevant evidence to support your claim. Relevant evidence may include CCTV footage of the incident, medical records, photographs of your injuries, and witness statements.
Your personal injury solicitor may also ask that you undergo an official medical examination in order to receive medical reports about the injuries that you have sustained. These medical reports will provide vital medical evidence of the nature and extent of your injuries. Even if you have received other medical care prior to starting your injury claim, a more thorough medical assessment may still be needed to produce detailed, accurate, and reliable medical reports.
If we think that your accident at work claim would be likely to succeed, we will offer to proceed with your claim on a no win, no fee basis; if your claim is unsuccessful, you will not be required to pay any legal fees.
How much compensation could I receive for an injury at work?
The amount of compensation you could receive can vary significantly and depends on different factors. It is challenging to provide an exact figure for a compensation award without knowing the specific details of your case. Compensation typically covers two main categories of damages:
Special Damages:
These are the quantifiable financial losses you have incurred as a result of the accident. They may include:
- Medical Expenses: Compensation for current and future medical treatment, surgeries, medications, therapy, and rehabilitation.
- Loss of Earnings: Compensation for the income you have lost due to an injury, including future earning potential if your injury has forced you to take time off work.
General Damages:
These are non-economic losses that are more subjective and can be challenging to quantify. They may include:
- Pain and Suffering: Compensation for physical pain, emotional distress, and loss of enjoyment of life resulting from the accident and injury.
- Emotional Distress: Compensation for psychological trauma, anxiety, depression, or post-traumatic stress disorder (PTSD) caused by the accident.
There are compensation calculators online which can provide a general estimation on the compensation you may receive. However, it is important to consult with employment injury lawyers who can assess your case’s specific details, evaluate the potential value of your claim, and provide you with a more accurate estimation of the compensation you could receive based on their expertise and experience in handling similar cases.
What are the time limits for injury at work claims?
Before starting your claim, it is important to note that there are strict time limits on personal injury claims. From the date of the accident that caused the injuries, the injured party will have 3 years to commence proceedings for claiming compensation.
One exception to the 3 year time limit occurs when the claimant who has suffered an injury does not have the mental capacity to begin their compensation claim. In this case, a close family member or friend can make a claim on their behalf, or they can make a claim when they regain mental capacity.
How can Beacon Law help?
Beacon Law is a law firm of specialist personal injury solicitors. We have helped many of our clients obtain the work accident compensation they deserve for their injuries sustained as a result of accidents at work. We also assist with other workplace accident claims, such as forklift accidents, slips, trips and falls, and defective equipment.
We have years of experience in assisting those who have experienced all types of injuries. We deal with personal injury claims on a daily basis and have vast experience in injury-related cases.
If you have been left wondering, “how to claim when injured at work”, you can request an initial consultation from our employment injury lawyers by completing the online help form, and an experienced member of our team will contact you to discuss your case. Alternatively, you can call us on 0330 1332 857, and we will be happy to assist you with your query.
Beacon Law are authorised and regulated by the Solicitors Regulation Authority. To find out about our no win, no fee basis, have a look at the funding section on our website.
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Last Updated on April 30, 2024 by Stacey