Claim compensation for an accident at work
Understandably, work accident compensation claims present a difficult situation for both parties, but we are experts in ensuring that your relationship with your employer is maintained to its best level. Do not feel that reporting the accident would tarnish the reputation of your company. All employers carry insurance to cover themselves when an employee is injured at work. Therefore, all employees can make a claim in the knowledge that they are not jeopardising any colleagues’ employment.
The driving factor for a claim is usually the sudden loss of income, not the pain or discomfort of injuries. Most employers only pay the standard salary for a short period, then many people find themselves living off nothing more than basic sick pay.
When you have been injured at work, we normally find you have two immediate concerns:
- When will I be able to get back to work?
- How will I pay my bills in the meantime?
Direct 2 Solicitors can request a payment for any treatment required to speed up your recovery process and return you to work as soon as possible. We can also obtain a payment on account of your compensation from your employer’s insurance company to cover the period you are unable to work.
Every company that employs staff is responsible for their health and safety whilst they are working. If an employer does not have proper procedures in place, they are breaching their responsibilities and they can be prosecuted. Your employer is legally responsible for your safety.
It is up to the employer to carry out risk assessments and ensure the workplace is safe and free from hazardous objects. This includes allocating first aiders and providing training on lifting and handling office equipment. The employer should also ensure that staff are provided with the necessary equipment to protect them while undertaking any strenuous activities.
Your employer has a legal obligation to report any accidents that might occur in the workplace to the Incident Contact Centre of the Health and Safety Executive. Any accident regardless of how minor will need to be reported.
It is the employer’s responsibility to understand the workplace accident, take the right measures, and provide the employee with appropriate accident at work compensation. All employers must have insurance to protect both you and them should you have an accident at work. Therefore, any compensation for a work related injury will be paid by the insurance company, not your employer.
How long do I have to claim?
Normally you have three years from the date of the accident to make your claim for compensation. However, in some circumstances this can be extended for an even longer period, for instance if you were not 18 years old at the time. If you are in any doubt, please call us, email us, or complete our online claim form, and we will be in touch with you shortly to give advice. There is no charge for assessing your case, so you have nothing to lose and much to gain if you can make a successful claim.
How much personal injury compensation will I receive?
Every claim is different. However, there are guidelines issued by the courts for solicitors. All our solicitors are experts in handling work accident compensation claims and know how to use these guidelines to ensure you receive the right amount of compensation. You will be advised, once initial evidence has been collected, as to the likely level of compensation for your injuries.
In addition to the award for your injuries, you will also receive compensation for all other losses and expenses reasonably incurred as a result of the work accident. Your expert solicitor will advise you what expenses you can claim but these are likely to include some or all of the following:
- Lost earnings if you have been away from work as a result of the accident
- Treatment for your injuries
- Miscellaneous expenses (bus fares, painkillers etc)
Making a successful claim
Just having an accident at work is not enough to guarantee compensation. To make a valid claim, the injured employee must be able to demonstrate that the employer was liable and exposed the staff to risk of injury, rather than it being their own fault.
The injured party wishing to claim must also ensure that the details of their accident and injuries have been correctly reported and recorded. To give yourself the best chance of winning your compensation claim for injuries sustained in an accident at work, the following things should be done:
- The matter must be recorded in the employers accident book. The injured party should contribute to what is written and only sign it when they are happy with the way the accident circumstances have been recorded. If relevant, previous complaints or comments about potential hazards that relate to the accident in question should be noted. The injuries should be described and their cause listed. The injured party should ask for a copy of the accident book entry.
- The injured party must receive medical treatment – either by attending their GP, or by attending Accident and Emergency under their own method of transport or via an ambulance.
- If possible, obtain the names and addresses of supporting witnesses. Whilst the accident book entry is the main evidence for an accident at work claim, having supporting statements from colleagues can provide a stronger prospect of success in certain cases.
- Once medical treatment has been received, liaise with the employer as to the situation and the likelihood of any return to work.
If you have had an accident at work and have not already done so, you need to explain to the employer the exact series of events that caused it. Immediately reporting it to your employer will help him curtail such accidents in future by adopting proper safety precautions.
It is always worthwhile seeking guidance from fully qualified personal injury solicitors who specialise in accidents at work. We have an expert understanding of the process that a claimant will face and can process your no win no fee claim efficiently and in a hassle-free manner. Contact Direct 2 Solicitors for confidential, friendly advice and we can start looking after you and your work injury compensation claim.