A work accident claim is perfect for anyone who has suffered physical injuries at the hands of a negligent employer. Over the last few weeks, you may have been asked to return to your office after the UK’s lockdown ended. However, you may be feeling nervous about doing this. There already are a number of hazards that could cause you to injure yourself. That, coupled with the threat of Covid-19, can make you feel vulnerable and exposed. If you do end up getting injured in the workplace, Gowing Law Solicitors will be here to make sure that you get the compensation that you deserve.
Today in our interview series, we talk about how you (as the claimant) can make a work accident claim. If you have any more questions, make sure to check out our accident at work page to get the help that you need. Click the button below now!
What is the process for making a work accident compensation claim?
When it comes to making any sort of work accident claim, one of the main things that you need to think about is how to prove your employer was negligent. To put things bluntly, you need to show that it was your employer’s fault that you got hurt in the first place. Your injuries may include:
- Cuts and bruises
- Broken bones
- Repetitive strain disorder
- Strained muscles
- Damaged teeth
- Loss of limbs
- Exposure to loud noise
Of course, there are going to be other types of injuries that you might suffer in a workplace, but these will greatly depend on the type of environment you work in. For instance, someone who works on a construction site will experience different injuries to someone who works in a retail store. However, you need to find evidence and pinpoint exactly why your employee was responsible for your accident. In legal terms, this is known as breaching their “duty of care.”
How can I prove that my employer is responsible for my injuries?
One of the best ways you can prove your employer was negligent is through evidence. When you eventually submit your claim, you (or your lawyer) need to write to your employer in regards to the reasons why you think they are responsible for your injuries. Take a look at our example below to see an example of accident responsibility in the workplace:
As you can see, the reason why Carl’s employer was responsible for his accident was due to the lack of signs pointing out the hazards. They had not taken the necessary precautions to make sure their employees were safe in their workplace whilst undertaking their duties. As Carl hurt himself (i.e. breaking his ankle) he is owed compensation.
Have a think about your own work environment and what hazards could have been rectified by your employee. Every detail and piece of evidence you add to the basis of your claim will prove why you were not at fault for the accident. You can then compile these grievances into a claims letter that can be sent to your employer. Your employer will then have the opportunity to accept or deny these claims.
Liability & a work accident claim: What should happen if they admit responsibility?
If your employer does admit liability for your injuries, and fully understands that they have breached safety regulations, the claimant can expect a smooth ride when it comes to asking for compensation. Once they have admitted that they are at fault, you should start collecting evidence, in particular medical evidence, to prove you were injured. You should then work with a lawyer to draft up evidence and documentation about your special damages (aka. your financial losses).
Once this has been settled between you and your lawyer, you can schedule a meeting with your employer and their insurers to discuss a settlement figure. This means you will talk about the amount of compensation you can ask them for. If you both agree on a figure, this is called a “settlement agreement”. It can then be brought to court and verified. If you cannot come to a satisfactory amount, a judge can decide on the amount of money you could be owed.
Liability & a work accident claim: What should happen if they do not admit responsibility?
Things will get a little more complicated if your employer denies liability for your injuries. However, you should start off with the same process of finding evidence and writing up your damages. You should send copies of your evidence to your employer to see if you can change their mind. However, if they refuse then it would be worth following up with court proceedings. In the court case, both sides will give their evidence and version of events. A judge can then decide on who is telling the truth and whether or not you can claim compensation.
What sort of evidence can I use?
Now that you have decided whether or not it is worth continuing with your compensation claim, you need to understand what type of evidence you could use when building your case. If you noticed the hazard before the accident happened, you may have sent a letter of grievance or an alert email to your managers. If nothing was done to rectify the issue, and then you got hurt, this can be used as evidence of a breach of duty. You may also want to ask for it to be recorded in your company’s work accident book (which you can get a copy of) and for the CCTV footage of your accident. This can show an unbiased perspective of events. You can even ask for a police report if the police were called to the scene of your accident.
Additional evidence may include:
- Photos of your injuries and the accident
- Videos of the injuries and the accident
- Witness statements and contact details
- Medical records
- Diary entries
- Receipts of treatment
- Communications with your employer
Keep evidence of how the accident has affected your life after it has happened. For instance, if you were forced to travel to the hospital, you can claim financial damages if you had to spend money on a taxi. You could also claim for emotional damages if you have been left with trauma or difficulty settling back into your daily activities. Your quality of life has been affected by your accident, therefore you deserve to be able to claim for compensation.
A lawyer can help you organize your evidence and make sure you use it to support your case. Make sure to bring all of your evidence to your lawyer before you go to court. That way they can let you know whether or not it will help you in the proceedings.
Can a solicitor can help me with a work accident claim?
Yes! Having that sort of legal expertise on your side can be invaluable when it comes to your case. Work accident claims can get complicated and have a number of pitfalls that can invalidate your claim. This is where a solicitor can help you. They can help you organize your evidence and can even speak to your employer or their insurance company on your behalf. After all, you may still be recovering from your accident! If you cannot make it to the trial, they can even represent you in court.
The objective of any good solicitor is to make sure their client gets the justice that they deserve. This includes getting the appropriate amount of compensation to support their claimant through their recovery time. Gowing Law understand that some injuries can be so severe that it can change the lives of our clients. It can make them feel like they have nowhere to turn. However, they can come to our law firm for the support they need.
Gowing Law Solicitors can help you with your claim
If you have been the victim of a recent accident at work, Gowing Law is here to support you through the claims process. All of our legal team are extremely experienced and know how to get you the highest amount of compensation that can help you through this difficult time in your life. You can come to us for free advice or consultations. These can all be done remotely or electronically, including through video call if that would make you feel more comfortable. Should you decide to work with us, we can offer our support to you through our “no win-no fee” services. That way, there is no risk of you losing any money if you do not win your compensation pay-out.
Why wait any longer to make a claim? Call Gowing Law Solicitors today on 0800 041 8350. You can also email us at firstname.lastname@example.org. If you require faster service, use our live chat or even message us via our contact page. Feel free to let us know if you have any questions! We would be more than happy to help you.
Want to read more about our work accident interview series?
Naturally, you may have a lot more questions about work accidents than what was covered in our blog today! Well, you are in luck, as our interview series with Elaine, our operations director, already has a number of other blogs that are available to read. Feel free to check them out below:
- What types of accident at work claims are there?
- How can I be sure I have an accident at work claim
- How bad does my work accident injury need to be?
- Can my work accident claim be for emotional damages?
This is still an ongoing series, so make sure to keep your eye out for similar blogs! We also update our blog every week to talk about public accidents, RTA claims, criminal activity claims, cosmetic negligence claims and financial mis-selling. If you can’t find what you would like to read about, let us know! We would be more than happy to write about any topic that you choose. Write in your suggestions to email@example.com.
We look forward to hearing from you soon and hope we can help you with your work accident claim.