Accident at work claims - FAQs
I had an accident at work; 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 may 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.
How to claim for an accident at work?
The first step in claiming for an accident at work is to contact our expert and professional accident at work solicitors. We offer a free initial consultation and from this, we can ascertain if you have a claim or not. Contact us today on 01616 966 229.
Can I claim compensation for an accident at work?
If you have been injured in a workplace accident which was not your fault, then you could be entitled to personal injury compensation. At Stephensons, we will help you put your case together and endeavour to get the compensation you deserve.
How much compensation for an accident at work?
How much compensation you may get for an accident at work will depend on the circumstances of the accident, the severity of the injuries, expenses occurred and any loss of earnings or future earnings. When we make a claim for workplace injury compensation on your behalf, we will always apply for the maximum amount possible. For a ballpark figure on how much compensation you can expect for your injury, take a look at our accident at work compensation calculator.
How long do accident at work claims take?
How long an accident at work claim will take will depend on your unique case and whether the defendant admits liability. Typically, straight forward cases, where liability is admitted, may take months; while cases where liability is disputed or if the case is particularly complex, it can take a year or more to come to a close.
How much does it cost to make an accident at work compensation claim?
When you make a work accident compensation claim, the process can usually be funded on a no win no fee basis, otherwise known as a conditional fee agreement (CFA).
Can I lose my job for claiming compensation after a workplace injury?
Claiming compensation for a workplace injury is not legally allowed to affect your job. Employers, even very small businesses, hold liability insurance to pay out in these events so 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 in the future, since corrective measures are taken to prevent further accidents. If you have been dismissed after an accident at work then contact our expert employment lawyers today.
Will I need to go to court if I claim for an accident at work?
Accidents at work fall under personal injury claims. The personal injury claims process is designed for both parties to be open and honest with one another so that the court remains the last resort. This saves time and money for all involved. Only a small amount of work accident compensation claims reach court since most are settled out of court. Our highly skilled solicitors, however, always prepare fully for this, in case it should happen.
Our accident at work solicitors do everything we can to ensure that a case is settled as quickly and simply as possible, usually 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.
Accident at work - how long to claim
In the vast majority of accident at work 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 that occur 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 the point in time 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 as sometimes the evidence-gathering process can be complex.
Will I be required to undergo a medical examination?
It is likely that the claimant in an accident at work 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 liability insurance cover, which the company should have held at the time of the incident, was in place, 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.
Can I make a claim for multiple injuries?
If you have suffered multiple injuries following any kind of an accident, you are entitled to make a claim for compensation. We would consider all the injuries sustained and look at the pain, suffering and loss of amenity that they have caused, as well as financial losses incurred as a whole. As with all injury claims, our aim is to put you back in the position you would have been before the accident.
Sustaining multiple injuries can involve a lengthier recovery process. This may result in your day to day activities being affected, such as being unable to work, having to rely on others to provide you with assistance or loss of important bodily functions. We will endeavour to do our best to help you or a loved if you have been put into this position due to someone else’s negligence.
We have a substantial amount of experience in dealing with claims involving serious and multiple injuries including:
- Multiple orthopaedic injuries, such as fractures, sprains and muscle damage
- Nerve damage
- Brain injuries
- Head injuries
- Spinal injuries
- Psychological injuries
- Neurological injuries
