By making a work accident compensation claim, you are looking to regain a level of control over your life, as well as a pay-out that could support you throughout the recovery phase of your injuries. You did not deserve to get hurt. Right now, your life’s routine has been interrupted and you may be struggling to figure out an equilibrium that can help you return to normal. Here at Gowing Law Solicitors, we understand that going through any type of work accident can be a traumatizing experience. That’s why you deserve a pay-out from your employer to ensure you can recover in your own time. However, something that could make your injuries worse are pre-existing medical conditions.
If you already suffer from a medical condition, and it has worsened due to your accident, this could increase the amount of compensation that you are owed. It all depends on whether or not you have already explained your pre-existing medical condition to your employer. Now, during the lockdown, you may not have been able to go back to your office. But if you were hurt at work, and you have suffered from your employer’s negligence, you deserve compensation.
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Work accident compensation claims: What sort of injuries could I experience?
Now, there are many different types of work accidents that you could suffer from when you are employed by a large firm or a smaller company. The type of injuries that you may receive depend on the type of work that you are undertaking. For instance, if someone works as a receptionist, it’s more likely that they will experience repetitive strain injuries, whilst someone who works in construction could experience injuries from working with heavy machinery.
The extent of your injuries depend on the severity of your accidents. Either way, whether your injuries are small or large, you could claim for compensation. However, it is entirely up to you to decide whether or not you think it is worth chasing a compensation claim. If you only have cuts and bruises, you may not think it is worth trying to make a claim. However, if you have lost a limb or have experienced extreme damages, it’s very likely that you would claim a large amount of compensation for your injuries.
Some examples of the most common work accident injuries include:
- Internal/External Bleeding
- Repetitive Strain Injuries or Arthritis
- Broken Bones
- Sprained Limbs/Muscles
- Spinal Damage
- Head Trauma
If you have been hurt at work, it’s essential that you seek out medical help as fast as possible. Receiving a medical report could have an effect on your work accident compensation claim. You may not want to make the trip up to hospital if there are no obvious damages, however it is worth it even if it is just to get a quick check-up.
Do I need to disclose a pre-existing medical condition with my employer?
We understand that disclosing any sort of medical condition to your employer can be a daunting experience. You may feel concerned that your employer may treat you differently after finding out. Worse still, you may feel concerned that you may become a victim of discrimination and that it may lessen your chance of finding a job in the future. However, by failing to disclose a previous medical condition, this may lower the amount of compensation that you are owed in the future.
Let’s take a step back for a moment to explain why. When you go to work for any type of company or employer, they owe you a “duty of care”. Ultimately, that means that they are responsible for your well-being and ensuring that you are safe at work. This includes providing training and make sure you know all of the safety procedures in the workplace. If they fail to do this then this is an example of negligence. After all, you did not know about a certain safety procedure and so was hurt as a result of it. However, the same could be said for your employer if you fail to inform them about a pre-existing health condition, be it physical or mental.
Your employer cannot make adjustments to your work schedule if they do not know that you are already suffering from a medical conditions. You must be honest with them about it. That way if they do fail to help you safely do your job, you could claim compensation for their negligence. Take a look at the infographic below to get a better idea about how your employer can help you with your pre-existing medical condition:
What are the most common pre-existing medical conditions?
When you go to get a new job, it’s important that you inform your employer about the pre-existing conditions that you have. These conditions will have an effect on your work and how frequently you will need to take break. Some examples of the most common physical conditions include:
- Back problems
- Cardiovascular issues
- Respiratory issues
- Joint pain
Of course, there are additional mental health conditions that could affect your work life as well, but in terms of physical conditions, it could affect the types of tasks that you are able to undertake. For instance, if you struggle with back pain, you may not be able to pick up heavy objects or boxes. If you are forced to pick something up, and your back pain flairs up as a result, it is very likely that you could claim compensation for your injury. This is due to the fact that it is a clear example of negligence on the part of your manager.
What will happen if I do not disclose my medical condition to my employer?
If you get hurt and have decided to make a work accident compensation claim, if you have not disclosed your medical condition to your employer, this could potentially lower the amount of compensation that you receive. This is due to the fact that your employer may argue that they did not realize that you could get hurt. Instead, they wanted to treat you like their other employees. Instead, you were the one that was negligence because you refused to tell your employer about your issues. That’s why it’s crucial that you disclose any pre-existing conditions to your employer. That way if you decide to make a work accident compensation claim, your employer will not find a loophole that could lessen the amount that you could be owed as a pay-out.
What should I do to protect myself during a work accident compensation claim?
Just like any other type of claim, the best way to protect yourself is to find evidence that can back up your claim. That way you can prove that you disclosed your pre-existing medical condition and your manager/employer simply ignored you. Evidence can be located before, during and after your work accident. Make sure to take copies of it and show it to your solicitor. This evidence can back up your claims about the type of damages that you have experienced.
Evidence can include:
- Videos/CCTV/Dash-Cam Footage
- Witness Statements
- Medical Reports
- Police Reports
- Diary Entries
Don’t forget that your medical report can also be used to back up any pre-existing conditions that you have. That way you can show that the injury you experienced has made it worse. Don’t be afraid to speak to your solicitor if you need more information about the types of damages you can claim for.
Speak to Gowing Law Solicitors about your work accident compensation claim
Work accidents are never fun to deal with. Not only are they extremely stressful but they can leave you feeling unsure about who to turn to. Worse still, you may end up feeling isolated and worried about who you can trust in the future. Gowing Law Solicitors are here for you and will help you through this difficult period. We can offer you free advice and consultations to get you started. If you are happy to move forward with your claim, our solicitors can work with you on a “no win-no fee” basis. That means you will always come out on top and will never have to pay any hidden fees. Instead, you will only need to pay your solicitor if they win your case.
Learn more about making a work accident compensation claim
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