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Injuries at Work Claim for Compensation

 

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Injuries at work can have a profound impact on individuals, affecting not only their physical well-being but also their financial stability and overall quality of life. When an individual sustains an injury while performing their job duties, they may be entitled to seek compensation through an injuries at work claim.

These claims serve as a vital mechanism for injured workers to receive the necessary medical treatment, rehabilitation, and financial support to aid in their recovery and help them regain their livelihood.

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. Beacon Law have a team of experienced accident at work solicitors who can assist you in making your injury claim for an accident at work.

Common accidents that lead to injuries at work claims

Accidents in the workplace can occur across various industries and job roles, resulting in injuries that may lead to work injury claims. While the specific nature of accidents can vary, some common types of incidents that often give rise to work injury claims include:

  1. Slips, Trips, and Falls: These accidents can happen due to wet or slippery surfaces, uneven flooring, cluttered walkways, inadequate lighting, or lack of safe work measures like handrails or guardrails.
  2. Machinery Accidents: Injuries can result from operating or working near heavy machinery. These injuries may include crushing injuries, amputations, or entanglement with moving parts due to inadequate training, lack of safety guards, or mechanical failure.
  3. Falling Objects: In work environments where items are stored at heights or overhead, falling objects can cause serious injuries. This is especially true when proper precautions, such as secure shelving, protective headgear, or safety nets, are not in place.
  4. Overexertion and Musculoskeletal Injuries: Repetitive tasks, lifting heavy objects, or performing physically demanding work without proper training, ergonomic equipment, or rest breaks can lead to musculoskeletal disorders. These may include back injuries, strains, sprains, or hernias.
  5. Vehicle Accidents: Employees who operate vehicles as part of their job, such as delivery drivers or construction equipment operators, may be involved in collisions. These may result in injuries that are eligible for work injury claims.
  6. Electrical Accidents: Exposure to faulty wiring, inadequate grounding, or lack of electrical safety precautions can lead to electric shocks, burns, or other serious injuries.
  7. Chemical Exposure: In workplaces where hazardous chemicals are present, inadequate safety protocols, improper handling, or lack of protective gear can result in injuries. This may include chemical burns, respiratory problems, poisoning, or long-term health issues.
  8. Workplace Violence: Incidents involving physical assaults, threats, or aggressive behaviour from coworkers, customers, or clients can cause physical injuries and psychological trauma, leading to work injury claims.

It is important to note that this is not an exhaustive list, and workplace accidents can occur in various other forms depending on the specific industry and job tasks involved. Each incident should be evaluated on a case-by-case basis to determine the viability of a work injury claim.

Your employers’ responsibilities

Ensuring safety in the workplace holds immense importance. It is the legal responsibility of your employer to prioritise your well-being by providing a secure work environment and maintaining safe conditions. To achieve this, your employer must offer appropriate training and, if necessary, provide you with suitable equipment to carry out your duties safely. They are also obligated to regularly inspect and uphold the safety of the work environment and equipment that you utilise.

In recent years, the scope of employee protection has significantly expanded through health and safety regulations and legislation. The Health and Safety Executive has provided comprehensive guidelines on their website to assist employers in implementing and complying with health and safety legislation in the workplace.

If you have been injured in an accident at work due to your employer’s negligence, you have the right to pursue a workplace injury claim. This legal avenue allows you to seek compensation for the harm you have endured as a result of your employer’s actions or lack thereof. By initiating a claim, you can hold your employer accountable while obtaining the support you need to recover from your injuries.

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

  • 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 to have your work injuries assessed and treated as soon as is reasonably possible.
  • Keep a record of any expenses incurred by you.
  • Always seek legal advice before agreeing on anything with your employer or their representative regarding the accident.
  • Speak to Beacon Law to find out of you could be eligible for making an accident at work compensation claim.

Proving an injuries at work claim

In order to be successful in an injuries at work claim, you will need to provide some evidence to prove that your accident happened as you have alleged and that your accident resulted in the injuries you have suffered. The types of evidence that you may be required to provide can include:

  • Witness statements from other employees present at the time of the accident
  • Photographs of the area of your accident or photos of the defective equipment that caused your accident
  • Your copy of the accident report (if you were provided with this)
  • CCTV footage of your accident (we are likely to request this from your employer)
  • Photographs of your injuries
  • Copies of any medical records or hospital letters
  • Receipts showing any treatment/ medication costs or other expenses incurred

How much compensation will I receive from an injuries at work claim?

If you’ve been injured at work and you decide to make a claim, the compensation amount 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 from the outset 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. If the injuries you have suffered are severe and you have required long term treatment and a high amount of time off work, your compensation is likely to be much higher than a claim for a short term injury in which the victim recovered within a few weeks.

Some firms offer compensation calculators to help you estimate how much your claim is worth. It is worth noting, however, that these estimations are not always accurate, especially if you have not fully recovered from your injury and have ongoing expenses.

Could I be dismissed if I make a claim?

When individuals contemplate filing an injuries at work claim against their employer, they are often concerned about potential dismissal or mistreatment. However, it is essential to understand that your employer is legally prohibited from terminating your employment or subjecting you to abuse solely because you have pursued a claim against them.

It is expected that your employer has obtained suitable employers’ liability insurance, specifically designed to provide coverage in the event that their employees suffer injuries resulting from negligence or a breach of statutory duty. It is important to recognise that any claim will be handled and covered by your employer’s insurance company, rather than your employer directly.

What are the time limits for making an injuries at work claim?

In the United Kingdom, there are specific time limits within which an individual must make an injuries at work claim. These time limits are governed by legislation and are known as the limitation periods.

Generally, the limitation period for personal injury claims, including injuries at work, is three years from the date of the accident or the date when the injury was discovered. This means that you must initiate legal proceedings within three years from either the incident or the date you became aware of the injury.

For cases involving industrial diseases or illnesses that develop over time due to work-related factors, such as exposure to harmful substances, the limitation period is three years from the date of knowledge. The date of knowledge refers to the point at which you became aware or should have reasonably been aware, that your condition was linked to your work activities.

It is important to note that there can be exceptions and variations to these general time limits, depending on the specific circumstances of the case. For example, if the injured person is under 18 years old, the three-year limitation period may start when they reach the age of 18. Additionally, there may be different limitation periods for cases where the individual does not have the mental capacity to deal with the 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 straightforward, 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 straightforward, and there are many factors which could cause a delay in settling your 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.

No win, no fee accident at work claim

We provide our services for all claims on a no win, no fee basis. This arrangement allows our accident at work solicitors to handle your claim without any upfront costs. Throughout the entire compensation claim process, there will be complete transparency with no hidden charges or payments demanded from the injured party.

Such an agreement offers peace of mind to the injured individual, allowing them to focus on their recovery without worrying about financial risks. In the event that your claim is successful, you will only be required to pay a small portion of your final damages to your solicitor as a success fee. This fee will be calculated as a percentage and will be discussed with you before legal proceedings commence. It serves as compensation for your solicitor’s time and effort dedicated to assisting you with your case.

Additionally, if your case is successful, you may need to contribute a small fee for After-the-Event (ATE) insurance from the compensation award. Your solicitor will thoroughly explain all of these details to you before you agree to initiate your personal injury claim.

In the unfortunate event that your case is unsuccessful, you will not receive any compensation, but you will not be required to make any payment to us whatsoever.

Why choose Beacon Law for an injuries at work claim?

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 injury at work claims. 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.

If you have a query regarding making an accident at work claim, please do not hesitate to get in touch. We will be happy to discuss your claim with you without any obligations.

For a free, no obligation initial discussion, contact us using the form at the top of the page or using our live chat facility. Alternatively, you can call us directly on 03301332857.

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

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General Enquiries:

0161 428 1234

New Claims:

0330 1332 857

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Beacon Law

1st Floor

Shirley House

12 Gatley Road

Cheadle

Cheshire

SK8 1PY