Accidents at Work - Frequently Asked Questions

March 21, 2019

What type of work related injury can I claim for?

 

All employers and business owners in the UK have a legal responsibility to ensure the safety of their staff as well as any visitors to their premises. They are also required to hold a valid policy of insurance (known as employer liability insurance) and have to conform to a number of Health & Safety regulations. If you have suffered an injury as a result of your employer’s failure to adhere to the required Health & Safety regulations then you may be eligible to make a personal injury claim.

 

The most common accident at work claims are:

  • Slips and trips

  • Negligence of a co-worker

  • Insufficient training

  • Damaged or broken machinery/equipment

  • Manual Handling

  • Assaults at work

  • Poor working conditions

  • Falling from height

  • Repetitive Strain

  • Exposure to loud noise or hazardous substances

The list provided is not exhaustive as accidents can happen in all sorts of different ways. Therefore if you are suffering from an injury sustained at work that you feel could have been prevented, contact us to obtain more detailed advice.

 

How do I go about making a claim for compensation?

 

During your free ini

 

tial consultation, we'll gather as much information about your accident as possible in order to work out who is ultimately responsible for the accident and the extent of your injuries and losses. We’ll also take the time to establish any rehabilitation needs you may have and assist with getting any treatment you require as soon as possible.

Before submitting your claim, we will gather as much evidence as possible in support of your account to maximise the chances of securing an admission of liability from your employer. We’ll then arrange a medical examination with an independent medical expert whose report will assist us in calculating the compensation due to you.

 

In the vast majority of cases the compensation amount you receive will be agreed with your opponent. Where this isn’t possible your case may need to go to court but we’ll support you every step of the way if this happens in your case.

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What information do I need to provide to you about the accident?

 

We’ll need to know exactly when and where the accident happened, what you believe caused the accident, what training you’ve received relating to the circumstances of the accident (if any) and whether any changes have been made at work to prevent similar accidents from occurring in future.

 

It is always helpful if clients can provide us with copies of any paperwork relating to the accident such as a copy of the incident report/accident book entry, training records or photographs of where the accident happened. If these documents aren’t available for whatever reason we can usually manage to overcome this.

 

How long will my claim take?

 

There are two main factors that affect the duration of your claim:

 

1. Whether or not the third party concedes liability

2. The extent of your injuries and how long it will take for you to recover

 

If liability is admitted swiftly and your injuries are limited to a relatively minor soft tissue injury or similar, then your claim could be settled within a matter of a few months.

 

However, if you have suffered more complex injuries and treatment is required to facilitate your recovery, it is likely your claim will take longer to conclude as more medical evidence will have to be obtained before we can accurately value your claim and commence settlement negotiations.

How much compensation will I receive?

 

It’s extremely difficult to predict exactly how much compensation you will receive for your claim right from the outset. People often think that certain injuries will automatically attract a specific amount of compensation but when you make a claim your pain and suffering, treatment, recovery time and any financial impact are all taken into account. For that reason, we can only provide an accurate valuation of your claim once your medical evidence is finalised, treatment is completed and all your financial losses have been documented and calculated.

Our Compensation Calculator will however give you a projected value for a wide variety of injuries and can help you to assess whether or not you wish to pursue a claim. Unfortunately, no compensation calculator can provide you with an accurate valuation of your compensation award simply because solicitors need to know all the critical aspects of your individual case to be able to accurately assess the compensation due to you.

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Do I have to attend a medical examination?

 

If you've been injured as a result of an accident at work we strongly recommend that you seek medical assistance as soon as possible. Many people choose to self-medicate particularly if their injuries appear minor, however your injuries could be more serious than they first appear so it is always best to get them checked by a medical professional.

 

During the course of the claim you will also need to attend an examination with an independent medical expert. This is something we will arrange for you. The medical examination will enable the independent medical expert to create a detailed report which will help us to determine the extent of your injuries and the impact they have had on you. The medical report is crucial to your case and enables us to accurately value your compensation claim.

What financial losses can I recover?

 

In addition to your injury compensation, known as general damages, you can also recover any out of pocket expenses caused directly by the accident. These items are collectively referred to as special damages.

 

The most common financial losses included in an accident at work claim are:

 

· Treatment Costs

· Prescription or Over the Counter Medication Charges

· Past/Future Loss of Earning

· Damage to Personal Property

· Travel Expenses

 

Any financial losses claimed have to be supported by documentary evidence such as receipts or invoices. Our solicitors will help you collate a list of your financial losses and assist you in gathering any evidence needed to support these losses to ensure that you are not out of pocket as a result of your accident.

 

 

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