Accident at work compensation claims - FAQs
Could I make an accident at work compensation claim for my injuries?
If you have been injured in a workplace accident which was not your fault then you could be entitled to personal injury compensation. All it takes to find out if you have grounds for a case is one quick call to Stephensons, in order to enjoy free initial no obligation legal advice from one of our advisors. Simply call 0203 816 0065 today.
What does it cost to make a work injury claim?
When you make a work accident compensation claim, it the process is funded on a no win no fee basis, otherwise known as a Conditional Fee Agreement (CFA). This means that you will not be out of pocket to make a claim for the compensation you deserve.
What are my rights?
If you have been injured in an accident at work which was not your fault, you could be entitled to work injury compensation. You will receive compensation for the pain and anguish caused, the medical services required and any subsequent loss of earnings, so long as it can be proven that the accident was caused by the negligence or malpractice of another party, particularly your employer.
Could I lose my job if I make a workplace accident compensation claim?
Claiming compensation for a workplace injury cannot affect your job. Employers, even very small businesses, hold liability insurance to pay out in these events so that the compensation will not come directly from their pocket. In most cases making a claim actually makes the workplace better and safer for you and your colleagues, since corrective measures are taken to prevent further accidents.
Will I need to go to court?
The personal injury claims process is designed for both parties to be open and honest with one another so that court remains a last resort. This saves time and money for all involved. Only a small amount of work accident compensation claims actually reach the courthouse since most are settled out of court. Our highly skilled solicitors, however, always prepare fully for this in case it should happen.
Stephensons Solicitors do everything we can to ensure that a case is settled as quickly and simply as possible, without the need to go to court.
If a case is brought to court it is usually because the defendant does not accept responsibility for the accident and refuses to pay compensation. Alternatively, they might accept liability but not agree with the level of compensation required. It is then the responsibility of the Judge to decide an appropriate level of compensation. But these cases are rare.
Can I make a compensation claim on behalf of somebody who died in a workplace accident?
It is possible to launch a claim on behalf of somebody who dies in a workplace accident, and often claims are brought by the widow or partner of the deceased. The executor of the deceased can also claim work accident compensation on behalf of the deceased.
Is there a time limit for making a workplace injury compensation claim?
In the vast majority of personal injury cases a strict time limit is enforced. A claim for work accident compensation must be brought within three years of the accident.
In claims involving workplace diseases procured over time, the claim must be brought within three years of the symptoms being discovered, or when the symptoms are linked to the working environment. In work accident claims involving death, the three year period begins at the date of death or when the death was linked to the incident or accident in question.
In cases involving minors, the three year period will not begin until their eighteenth birthday and in cases involving a person being treated under the Mental Health Act 1983, the period will not begin until they are discharged.
Three years might seem like a long time, but it is important to seek expert legal advice as soon as possible in the case of an accident.
Will I be required to undergo a medical examination?
It is likely that the claimant in a personal injury claim will be required to undergo at least one medical examination during the claims process.
Can I make a work injury compensation claim if my employer is no longer trading?
Yes, if the liability insurance, which the company held at the time of the incident can be located then compensation can still be claimed. Companies which have been removed from the Register of Companies can be reinstated in order for a claim to be brought.