If you have sustained an injury as a result of an accident at your place of work you need to consider if appropriate compensation is due.
To make a successful claim you must be able to establish that your employer was negligent and therefore responsible for the accident and that your injuries directly resulted from the accident.
Would claiming compensation effect my job?
If a workplace accident causes injury to an employee then employers will expect some form of claim or action to be taken. In minor incidents first aid and recording in the accident book may suffice, but any accident causing moderate to serious injury should be investigated thoroughly .
All employers in England and Wales are required by law to have employers liability insurance in place to cover their employees from any injuries they sustain in the workplace. Therefore if any compensation is paid as a result of a successful claim the insurance policy will cover the cost.
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Who can be to blame for an accident at work?
While your employer is ultimately responsible for providing you with a safe working environment, fault (or liability) for an accident may be more complicated. For example:
Faulty equipment may be down to the manufacturer or company responsible for servicing
If working offsite, your safety may be the responsibility of the property or site owner
A driving accident whilst undertaking your job may be due to the fault of another road user
It is the job of your lawyer to investigate these possibilities so it is always wise to seek legal advice if you are unsure.
What can accident at work compensation include?
Compensation is awarded for pain and suffering which you have suffered as a result of your workplace accident. The level of compensation is determined by your lawyer in conjunction with medical experts who will examine your injuries and arrive at a prognosis. Amounts will also include costs of treatment, therapy or adjustments that are needed to your home.
If your injury has meant that you've been unable to work then past and future earnings can also form a large part of any compensation payment.
How do I know if I am eligible for injury compensation?
Personal injury law can be complicated which is why you should always instruct an experienced solicitor to deal with your claim. They will be able to assess the approximate value of your injury and the prospects of your employer (or another party) being found liable for the accident.
As a general rule you can make an accident at work claim if:
You suffered a physical injury
The accident happened in the last three years
It occurred in England or Wales
You believe someone else is to blame
What does it cost to pursue an injury claim?
When dealing with a claim arising from an accident at work your lawyer will need to collect evidence, deal with medical experts and in some cases issue court proceedings. This can involve a lot of time and legal costs and therefore it is imperative that in pursuing a claim you are not left out of pocket or at a financial risk.
Therefore injury compensation claims are best dealt with under a no win, no fee agreement.
In this type of agreement if your case is fails then you don't pay a penny, in return if you case is successful then the legal costs (plus any legal expense insurance premium) will be taken as a capped percentage deduction for the compensation awarded.
Dealing with personal injury cases in this way means that there are no upfront costs, no financial risk to you and your lawyer only gets paid when you get your compensation.
'No Win No Fee' subject to entering into an agreement with a suitable insurance policy and complying with your responsibilities under its terms.