Work accident compensation claims are some of the most common legal cases that solicitors have to deal with in their careers. People spend around 1/3 of their lives at work. That means they rely on their employers to provide them with a safe, secure and pleasant environment to work in. Covid-19 has changed the way we think about working and has proven that many of us can work remotely. However, for those who cannot do their job from home, it’s important to know how to keep safe on-site. That’s why if you do suffer from an accident at work, or perhaps have already been injured before the UK lock down, you may have a lot of questions about how you can go about dealing with compensation claims.
The button above will take you to an interview with Gowing Law’s operations director, Elaine, but you may want to just understand the basics of work accident compensation claims. That’s why in this blog, you will find 5 of the most common types of questions about work accident claims. If you have any additional questions, don’t be afraid to ask our trained solicitors. They would be more than happy to assist you and help you get the compensation that you deserve.
What is a work accident claim?
Before we jump into 5 of the most common questions asked by our clients, let’s start off this blog with a basic definition of what work accidents entail. As you would expect, a work accident means that you are injured at work. This could include:
- Unmarked wet floors
- Faulty Electrics
- Messy environments
- Untrained employees
- Heavy Lifting
- Repetitive tasks
- Violent colleagues or customers
These are only a few of the accidents that could happen at work. That’s why, if you do end up returning to your workplace, you need to note down what sort of safety routines your employer has in place. If they do not have updated regulations to protect you from Covid-19, or you notice hazards that could cause an accident, you need to send a letter of grievance to your employer or let them know via a meeting. If they do not take action to rectify these problems, and they do cause an accident, this could mean that they could be liable for the injuries of their employees. That means that they will have to pay compensation to help their employee recover. The request for an injury payment is known as a compensation claim.
The most common questions about work accident claims
All compensation claims can be quite daunting if you have never had to file one before, especially if you have been injured and are trying to recover. You need to think carefully about all of the losses you have made, including financial hardships, emotional stress and physical injuries. Another problem you have to overcome is whether or not your company will take responsibility for your injuries or whether you will have to see them in court.
This is why Gowing Law has interviewed our Operations Director, Elaine, about work accidents. We understand that there may be a few questions in your head that you may want answers to. Most websites will simply list out the simple questions about work accidents. However, as we understand that each case changes on an individual basis, we have decided to use this blog to focus on some of the more niche questions that may leave you feeling a bit nervous about claiming compensation.
Please see our top 5 most common questions below:
1. Can my employer sack me if I make a compensation claim?
No, your employer cannot fire you if you make a compensation claim. You are not making them experience any losses as your employer should have employer’s liability insurance. That means that they will not be paying out of their own funds, instead they will be using their insurance. All employers must have employer’s liability insurance once they employ workers. If they do fire you for making a claim, you will need to seek the help of an employment law solicitor. They can help you prepare for a tribunal and help you get the justice you deserve.
2. My workmate caused my injuries, not my boss. Who pays my compensation?
This is more common than you might realize. Your workmate may have been messing around and you were accidentally caught in the crossfire. This means that you were injured because of their actions, not because of a hazard that was left out thanks to your employer’s negligence.
You may think that this can be quite tricky, especially if you do not want to involve your friends from work. These sort of difficult situations are where a trained work accident solicitor can help you with your compensation claim. A situation like this is also known as vicarious liability. Your employer is responsible for any employees and their actions on the premises. That means that if the employee was negligent, it can be proven that they were simply acting in relations to the duties asked by their employers. Overall, it will still be your boss that is responsible that needs to pay for your compensation. But remember, it will be their insurance that is paid to you and it will not be paid out of their own money.
3. How much money can I get from a compensation claim pay out?
This depends on the extent of damage and losses that have happened because of your accident. Remember, the point of compensation claims are to get you back to your starting point before you experienced any sort of losses. That means you could claim thousands or even a 7 digit amount. However, the higher the compensation amount, the more likely that the injury or losses changed your life or were extremely severe.
Each payout depends on your own circumstance. You can claim for any sort of injury, but it would be best to get an estimate from a trained work accident solicitor. They can take a look at the evidence you have collected, including any work accident book copies, witness statements, videos, photos and medical documents, and let you know what you could be owed.
4. A friend/loved one died from a work accident. Can I claim for them?
If you do know someone who has died from a work accident, the administrator or executor of their estate could bring compensation claims on behalf of the deceased. The same thing could be done if the party bringing the claim is a dependent. This includes a spouse, civil partner, children, parents or other members of the family. However, it will still require evidence to do so and will need medical evidence to show the extent of their injuries. If the claim is successful, this can get a pay-out even after the death of a loved one.
5. Will I need to pay any fees?
This depends on the type of solicitors you sign up with to help with your case. Gowing Law Solicitors offers a “no win, no fee” service. This means that if your case is not won then you will not need to pay any fees. Make sure to ask your lawyer about their potential fees before they start. Usually, you will have an agreement in place for a fee depending on whether or not you win your case. Usually this will be around 25%, however it does depend entirely on the solicitor. Make sure you do your research before you pick the lawyer that you want to work with to help you claim work accident compensation.
How do I claim compensation from a work accident?
If you are satisfied with the answers to the previous questions, are you asking yourself how you can claim compensation? Well, the most important thing is to have your case documented. That means it needs evidence to prove that your employer was at fault. You may even want to write a letter of complaint to them in order to let them know that you intend to go forward with a compensation claim.
From there, you can bring your evidence to your solicitor and let them guide you through the claims process. They will ask you for specific information about your claim and will contact different parties (i.e. your employer and insurance company) on your behalf. If you do not feel confident about going to court, they can even represent you. This is why it is essential to have a trained solicitor on your side. That way you can feel confident and secure that you can get the pay-out that you deserve from any compensation claims.
Gowing Law Solicitors can help you with your work accident compensation claim!
Gowing Law Solicitors can offer you free help and consultations for your work accident claim. Our experienced lawyers are always available to let you know the best path forward. They will inform you of any pitfalls and requirements to make sure your claim is completely valid. Just make sure to make your claim within 3 years of the injury. As mentioned previously, we work on a no win, no fee basis. That means that you are taking no risk when it comes to making a claim. Instead, you can feel good that either way you will have a satisfactory outcome to your court case.
If you are ready to make a claim with Gowing Law, you can call us at 0800 041 8350, email firstname.lastname@example.org or use our direct messaging feature on our contact page. One of our specialists will then be in contact with you as quickly possible. Feel free to ask them any additional questions you may have.
Read more about Work Accident Claims!
We always keep our blog updated with the latest UK law information. If you want to know more about work accident compensation, make sure to take a look at one of these blogs:
- Can I get sacked if I make a work accident claim against my employer?
- Safety at work: What are your rights?
- The top ten things you need to know if you have had a work accident
- Covid-19 & accidents at work
We also cover a range of other topics, like PPE tax reclaims, mis-sold mortgage claims, mis-sold pension claims and much, much more. You can also write in to email@example.com if you want to let us know about a topic you would like to cover. Remember, we also have a weekly newsletter, so you can also let us know whether you would like our team to sign you up.
We look forward to hearing from you soon and wish you the best of luck with your work accident claim.