Work accident compensation is used to protect employees if they have suffered from some kind of work accident. Nowadays, many employees are not going to their office. Instead, they may be working remotely to avoid catching Covid-19. However, for those that are going to work, there is a possibility that they could get hurt whilst they make the commute to the workplace. This could be due to a pedestrian accident, criminal activity or overcrowded public transport. There are many reasons you could get hurt. However, you may be wondering whether or not you could claim compensation for getting hurt.
Gowing Law Solicitor can help you if you have been hurt at work and require compensation for your losses. All you need to do is phone up 0800 041 8350 to get started!
Work Accident Compensation: How could I get hurt on my commute to work?
You may feel a little nervous when you go on your daily commute to work. After all, you may be a bit out of the swing of things when it comes to commuting, or perhaps nervous due to Covid-19. Whilst you are likely taking your own necessary precautions to adhere to social-distancing, such as owning your own face-mask and hand gel, there is still the chance that you could get hurt on your commute to work. Take a look at the infographic below to understand what type of risks could be encountered on your way to work:
As you can see, there are a number of ways you can get hurt at the start and end of the day. There are always going to be hazards on your way to work. Covid-19 may be making people more health & safety conscious, but negligent drivers, passengers and pedestrians could still cause you to get hurt. But the main question is, is your employer responsible for you getting hurt when you are on your way to work? This is what we are going to find out.
Is my employer responsible for providing me with work accident compensation for my commute?
Unfortunately, no, they are not responsible for your safety when you are outside of work. This means you wont be able to get work accident compensation. You are paid for a scheduled amount of time to fulfil a task or provide a skill set. When you are off the clock then your employer is not required to maintain their “duty of care” over what you do. You are basically a free agent to do whatever you want. If you get hurt then this is out of their control. There are only a few circumstances in which your employer would be held responsible for your commute. However, if you have got hurt then you may want to think about making a:
- Criminal Injury Claim
- Road Traffic Accident Claim
- Public Accident Claim
Your eligibility depends on the type of accident you have. However, if you have fall under one of these categories, it is likely that you will be able to get compensation. The only different will be that it will not be paid from the insurance of your employer.
What “special circumstances” could mean that I can make a work accident compensation claim on my commute?
Whilst it is very unlikely that you will be able to make a work accident compensation claim based on an accident during a commute, there are other times when an employee may be covered. Keep in mind that this may only be for very specific employees or events that happen on the commute. Take a look at some of the examples below to get a sense of what could be classified as a commuting work accident:
- You were asked to run a work-errand on the way home from your work place or whilst you were on a break. If you got into an accident during this then you could claim compensation. This is known as the capacity concept.
- As an employee, you are forced to commute through a “zone of danger” in order to get to work .This includes construction sites and large blasting areas. If you get injured due to these sites then you could be owed compensation.
- You are an on-call employee that gets covered when they are called into work. This means that they are covered even if they get hurt at home.
- You have been asked to go on business travel or go abroad to a different worksite.
- Travel is a normal part of our job and you do not work from an office-site. This can include nurses, sales people, truckers or any sort of vehicle drivers. As you do not have a fixed workplace, you will be exempt from the “coming and going rule”.
Are there any other types of special cases?
Of course, these are only a few examples of why you could be eligible for compensation. The best way you can determine whether or not you will be able to claim compensation for an accident on a commute is by speaking with a trained solicitor. They can let you know if you are pursuing the right claim or if you should consider making a different type of compensation claim.
I was still injured! What should I do now?
Now if you are sure that you do not have a work accident claim, you should consider alternative options. All is not lost! Just because you cannot ask your employer for compensation doesn’t mean that you do not have a compensation claim. You simply need to consider the other accident categories that your case could fall into. Remember, for most accident claims cases, you will need similar types of evidence to prove that you were not responsible for your accident. The categories of public injuries are there to focus you on who will need to pay for your compensation. Here are some examples of the types of claims you could go for, as well as how you could make the claims in general.
Road Traffic accident claims
Normally, when you set out on your commute, you are going to be taking some form of transport or may be walking to work as a pedestrian. However, if there is a careless driver on the road that is breaching their “duty of care” towards other road users, this could cause an accident. The vehicles you may be driving or be a passenger on may include:
- Public Transport
- Cars
- Motorcycles
- Bikes
- Buses
If you have been involved in a traffic accident, it is likely that it was due to the negligence of the other driver. You need to prove that you were not at fault and took all the precautions necessary in order to avoid an accident. If the accident still happened then this will mean you are not at fault and can claim compensation. Make sure to take down the insurance number and pictures of the other vehicle. That way you can know who to contact if you do end up needing to make a road traffic accident claim.
Criminal Injury Claims
Now, if you are dealing with a criminal injury claim, things may end up going a little differently for your claim. Criminal attacks can happen at any time and in any place. However, if you are commuting back and forward between work, you may find that as the nights get darker, you may start to feel more vulnerable or isolated. If you are walking alone or away from the gaze of the public, this could make it more likely that you experience a violent altercation or an attack. A criminal injury claim may include:
- Knife attacks
- Gun attacks
- Violent assaults
- Sexual assaults
- Terrorists attacks
Naturally, some of these types of altercations are worse than others. However, claiming for criminal injury insurance should provide you with compensation that can help you recover. If you have suffered from some sort of criminal attack, make sure to immediately call the police or emergency services to ensure that your wounds are treated. Cooperate with the police’s investigation before you start to collect your evidence.
In some cases, you may not be able to pick out your attacker or identify who they are. That is why we would recommend that you seek compensation from the CICA scheme. CICA stands for criminal injuries compensation authority. If you do not know who your attacker is then this may make things difficult. That’s why you need a solicitor to help you collect your evidence to prove that you fall under the scheme.
Public Accident Claims
Another type of compensation you could claim for is known as a public accident claim. These are some of the most common type of claims and are used to get you compensation for damages that happen on public property. So, for instance, let’s say you visit a store on your way to work to pick up your lunch. If you get hurt due to a slip or fall in the store, you could claim for public accident compensation. This applies to any sort of public area that may be under responsibility of a local body of government or an employer. If you have got hurt in a public place, make sure to alert any staff or people around. They can act as your witnesses.
You will also want to get your wounds checked out and start gathering evidence in order to help with your claim. This is very similar to what you may do in a work accident claim.
How do I prepare for an accident claims case?
When it comes to any sort of accident claims case the main thing you need to prove that you are not liable for your injuries is evidence. The more evidence you have, the more likely it is that you can show that you deserve a high amount of compensation for your losses. Now, your losses fall under two categories. These are “general damages”, for your pain and suffering, and “special damages” for your financial losses. You can also claim for emotional trauma, loss of opportunity and broken equipment.
Your evidence should prove that you have suffered from these damages. Examples of evidence may include:
- Photographs of your injuries and the accident environment
- Videos of your injuries and the accident environment.
- CCTV footage
- Police reports
- Work Accident handbook reports
- Witness statements
- Medical records
- Receipts
- Diary entries
These are only a few examples of the types of damages and evidence that you could claim for. Remember that you can use evidence from during and after the incident. For instance, if you are suffering emotional damages after you were physically injured, you could be struggling to undertake normal daily tasks. Your evidence could be a witness statement or diary entry documenting your worries and fears.
Gowing Law can help you with your accident claim!
No matter what sort of accident claim you have, Gowing Law Solicitors can help you with legal counsel. Our experienced lawyers can provide you with expert advice and consultations to get you started. If you are happy with their services, we can take on your case on a “no win-no fee” basis. This means you will always come out on top and there will be no hidden fees that you will need to pay.
Get in contact today by phoning 0800 041 8350, emailing info@gowinglaw.co.uk or using our contact page. One of our team members will then be in touch to help you with your claim and answer your questions.
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