Accident at Work Compensation Claims

Accident at Work Compensation in Lincolnshire

Being injured in an accident at work can have devastating consequences. We find that the vast majority of our clients simply want to recover as quickly as possible so that things can get back to normal.

Unfortunately it is not always as simple as that but in the majority of cases, if the accident was not entirely your fault, it will be possible to recover accident at work compensation for you so that you will be in the same position financially as you would have been if the accident had not happened.

Your employer must have insurance to cover such accident at work compensation claims.

On this page we describe some of the ways in which accident at work compensation claims can arise. The list is not intended to be complete and the statements we make are inevitably of a general nature. We can advise on how these rules and situations might apply to you if you suffer an accident at work.

The Workplace

Your employer has legal obligations to ensure that there are certain health and safety standards in place to minimise the risk of workplace accidents and accident at work compensation claims. The workplace itself must be suitable and in general terms this means that it must be a safe place for you to work.

Manual Handling

Many injuries are caused as a result of this. The expression is more than just lifting and includes pretty much anything that involves the use of physical force. If it might cause injury then it should be avoided altogether where it can be and if not it should be reduced to the lowest level reasonably possible. Your employer is expected to carry out a full risk assessment of the risk of injury.

Machinery and Equipment

This covers anything used in connection with your job. This must be suitable for the purpose for which it is being used, must be properly maintained and, in the case of many types of machinery, must be properly guarded. In the case of defective machinery or equipment your employer is liable if it causes you an injury even if he could not possibly have known of the defect.

Lifts and Hoists

There are rules to protect you from injury when using such equipment and to protect others from being injured by such equipment.

Personal Protective Equipment (PPE)

Where appropriate, your employer must provide you with PPE for example; gloves, eye protection or special clothing, as is reasonably necessary to protect you from injury whilst at work.

Dangerous Substances

There are special rules to protect you from injury caused by any kind of dangerous substance whilst at work.

Construction Sites

There are special rules to protect you from injury if working in a building development of some kind or where substantial alterations are being made to an existing building.

Working at Height

Your employer must carry out a full risk assessment to ensure that work at height is avoided where possible if it carries a significant risk of injury. If it cannot be avoided then there are strict rules to minimise the risk of injury and the risk of others being injured by objects falling from above.

Your Fellow Employees

If you are injured as a result of negligence by another employee your employer is liable for that negligence even if he could not reasonably have been able to do anything about it.

Disclaimer

The above statements are inevitably a simplified version of the law and are intended for guidance only. Ringrose Law accepts no responsibility for any action taken in reliance on these general statements.

What should I do after an accident at work?

After you’ve had an accident at work, your first action should always be to seek medical attention. This could either be with a first aider or, with more serious injuries, from medical personnel for medical treatment.

You will also need to ensure that your accident at work is reported. The Health and Safety Executive recommends that every workplace has an accident book. This book should be used to log any injuries sustained in the workplace, the time, date and the person who was injured.

If there is a Health and Safety representative at your place of work they should also be informed about the accident.

If there were any witnesses then get their names and addresses and a brief account of what happened. Witness statements may be required further down the line.

Alternatively, if for some reason you are unable to report the injury at work in an accident book, then you should report your injury to your GP. This ensures that there is a record of a workplace injury.

Can I claim for an accident at work?

As with all personal injury claims, compensation claims can only be made if the injury sustained was through a lack of negligence from another party. In the case of accidents at work, the other party would be your employer.

An employer has a legal obligation to ensure that you work in an environment that is safe.

Ways that an employer can be negligent in providing a safe environment includes;

• Not providing adequate training
• Exposing you to risks
• Not providing correct PPE
• Providing faulty or dangerous machinery
• Not giving adequate breaks during manual labour
• Not preventing slips, trips and falls
• Not following risk assessments
• And more…

If you have been involved in a workplace accident and you are unsure if it was a result of employer negligence, then Ringrose Law offer a free initial consultation. During this time, we will ask you questions to understand what happened and why. From here we may be able to tell whether your employer was negligent and whether you have an injury compensation claim.

How long after an accident at work can I make a claim?

Personal injury claims have to be filed with the Court within 3 years from the date the accident happened, or within 3 years since the date of the injuries were known.

Exceptions to this rule are occasionally made. These are in situations where the injured party is under the age of 18; in which case the claim has to be made by their 18th birthday. Or in the injury caused a mental disability to the injured party; in which case the time limit does not apply until, or if, the disability is cured.

Whilst 3 years may sound like a long time, it can go quickly. Personal injury compensation claims require evidence, this can take some time to collect. Because of this, it is recommended to contact a personal injury solicitor as soon as possible after you have suffered an accident.

What happens if an accident at work is not reported?

Whilst injuries that occur in the workplace should be reported in an accident book, this is not always the case.

However, just because the work accident was not reported at your place of work, does not mean that you are able to claim. Evidence of your injury at work can be claimed from other places.

For example, if you visit your GP or had to visit a hospital as a result of your work accident, then evidence of this visit will exist in your medical record. Additionally, there may be colleagues and fellow employees who witnessed the work accident take place who may be able to collaborate on your accident claim.

Can you lose your job due to injury?

No. Your employer is not allowed to terminate your employment because you are making an injury at work claim for compensation.

It may be scary or make you nervous to make a claim against your employer. However, you should know that accident at work claims will not be paid for directly by your employer. Instead, it will be paid by their public liability insurance.

Is my employer responsible for my accident at work?

Employees have the right to work in a safe environment and it is the employers’ obligation to provide this. Following a work accident, an employer’s initial concern should be to ensure you are free from danger and have access to the correct medical treatment.

They should also log the work accident in occurrence to their procedures meaning that there is an official record of the incident. Depending on the type of injury and the cause of the accident, they may also need to report the incident to the Health and Safety Executive.

Whether your employer is responsible for your accident though will depend on what actions they did beforehand. For instance, had they completed a full risk assessment and ensure it was being followed? Did they do everything to mitigate and reduce risk? Or did they act negligent and, for example, provide the wrong equipment?

Identifying whether your employer was negligent to the risk which caused the injury will determine whether they are responsible for it.

Who pays my compensation for my accident at work?

Your employer should not have to pay for your compensation claim directly. Instead, your compensation will be paid for by their insurance company under their public liability insurance.

How much compensation can I get for an accident at work?

The amount of compensation you could be entitled to for accident at work claims will vary depending on lots of different factors. For example, the type of injury and the severity of it, the loss of earnings you have sufferings and any medical treatment you may have gone through. These factors, and more, will all count towards calculating how much your work accident compensation claim will be worth.

Our personal injury solicitors may be able to give you an estimate of the amount you could be awarded following a free initial consultation. To arrange your free consultation, contact us today by calling us on 0333 3580 393 or sending a message on our live chat.

What is my compensation award for?

Any compensation award is designed towards putting your quality of life back to what it was before the work accident, or as close as possible. It is not awarded so that you can benefit financially from the injury.

A personal injury compensation claim is usually made up of three parts. These are:

General Damages

This area covers compensation for any pain or suffering sustained. It will also take into account any impact on quality of life. For example, if a keen sports player is unable to play as a result of their injury.

Courts will often calculate this based on previous cases.

Special Damages for Past Losses

This area aims to provide compensation for any financial losses that occurred since the injury. For example; travel expenses, medical treatment, changes to the property, cost of any additional healthcare.

This will be calculated as expenses already sustained.

Special Damages for Future Losses

This area looks at the future financial impact of the result of the injuries. For example, it could explore any future loss of earnings that might happen if the injured person could not perform the same job as previous.

This could include any future job promotions or careers opportunities that are now lost. It could also cover any future healthcare provisions that will be required.

This is calculated on many factors including the claimants’ ability to work.

Will I have to go to court for my accident at work?

It is unlikely that you will need to go to court for any accident at work claims.

Compensation claims are usually handled through negotiation between your personal injury solicitors and your employers’ insurance company.

Cases only tend to court when there is a disagreement in whether your employer was responsible for the injury or in cases where the negotiation fails on the compensation amount.

In these circumstances, it might be decided by parties that the courts should decide on the outcome of the workplace injury claim.

If your case does go to court, your solicitor will be there to support you.

Why should I use a solicitor for an accident at work?

The insurance company may deliberately under-value your personal injury case. This is because a percentage of claimants are unrepresented and do not receive independent advice. Their hope is that you may agree to the first lower offer.

A personal injury solicitor has experience in case law and, as a result, is able to tell when an injury claim is under-valued.

They can also help build a case of evidence to help support making a claim. With connections to medical experts, they can not only get independent medical advice to support your personal injury claim, but put you in touch with experts to provide specific treatments.

Because of their experience in case law and ability in building a strong body of evidence, personal injury solicitors can help you be awarded a fairer compensation award.

How do I start an accident at work claim?

Starting an accident at work claim is a very straightforward process.

All you need to do is contact us. You can do this through calling our office, sending us a message or chatting to us on live chat.

From here, your details will be passed onto our personal injury team. They will be in touch to have a short chat with you and arrange your free initial consultation.

Can I make a No Win No Fee claim for an accident at work?

A No Win No Fee accident at work claim is when you do not need to pay for your legal fees if you lose your compensation claim.

It is a way to claim compensation if you have been injured at work without the additional worry of having to pay legal fees in case you lose.

Additionally, if you do win, it may be possible for the defendant to have to pay your legal fees.

We offer No Win No Fee claims on a case-by-case basis for accident at work claims. Our personal injury team will be able to advise you more on this during your free initial consultation.

Other options to pay for legal fees are available if required.

What are the next steps after contacting you?

After contacting us, a member of the Ringrose Law team will take your details. This will be passed onto our Personal Injury Team who will be in touch with you soon. They will arrange a free initial consultation with you at a time that suits you best. This can be available either over the phone, video call or in our offices.

During the consultation, we will ask you questions and get to understand what happened and the circumstances around it. We will also want to know what evidence you have, what evidence may be available and who you think is responsible for your accident.

From this information, we may be able to tell you whether we believe you have a suitable claim or not. If you do have a suitable claim, then we would inform you of the different legal fee structures available to you (for example; No Win No Fee).

You will then be invited to say whether you wish to instruct us. To ‘instruct’ us is to mean that you are happy for us to take on your case and help you seek compensation for your personal injury claim.

If you are happy to instruct us, then we will begin gathering evidence for your compensation claim and informing your employer and their insurance company of your intention to make a claim.