A work accident can have severe consequences for everyone who is involved. Some people may get seriously hurt whilst others may suffer from psychological scarring. Of course, minor incidents may only mean you need to spend a few days off work. But if you and the others in your workplace have suffered from a serious accident, you may find that it you are owed compensation for your injuries
This is where Gowing Law Solicitors can step in to help you. We understand that you may be suffering due to your injuries. That’s why you need an experienced solicitor on your side to get you the compensation that you and your colleagues deserve. All you need to do is get in contact with us as soon as possible to get started on your case. Call 0800 041 8350 today or us the link below to visit our work accident claims page.
If more than one person got hurt, do we all get the same pay-out?
It’s important to understand that every case is different. People sustain different injuries in different accidents. Even if you and another person were part of the same accident, there is a likely chance that you will sustain different injuries. For example, if someone drops a box that is too heavy for them to safely lift, there is potential for it cause someone else injury if it falls on them. In this case, one person would be suffering from a back injury and another could be suffering from a foot or leg injury. Each of these injuries can lead to a different compensation pay-out. This is why it is essential to have a good lawyer in your corner to help you estimate how much you are owed.
Take a look at our example below to get a better understanding of the difference in claims:
Will my work-mates need to pay my compensation if they got me hurt?
If your colleagues got you hurt whilst you were on task, then they will not need to pay your compensation. This is due to a legal term known as “vicarious liability”. Your workmates may have got you hurt but they were acting under the instruction of your manager or employer. That means that it was not their fault that you got hurt. They can only do so much to keep safe if they have not had the appropriate training. Ultimately, you should still be making your claim against your employer rather than your colleagues.
Will I get fired if I try to make a compensation claim?
No, you will not get fired for asking for compensation from your employer. Your employer has taken out employer liability insurance for this reason. That’s why if you get hurt then you need to inform them of your injuries. Keep in mind that this will be kept completely confidential between you and your employer. If they do try to fire you, and it is completely unreasonable, you could ask for an employer tribunal to be brought against them. So, don’t worry, you will not be financially damaged and there will be ways to protect you. Just make sure that you have suffered from legitimate damages before you make a claim. If you are found to be lying about what happened then you may need to pay damages to the company or just lose out on your compensation. Being open and honest always gets the best results.
How is pay-out determined for a work accident?
When you get compensation, you normally assume that it will be a high figure and will be able to pay for all your expenses over the next few months. But honestly, compensation is not that simple. Instead, compensation is determined on the extent of your losses, the negligence of your employer and how bad your injuries you are. If you have only suffered from minor injuries then you may not be able to get a big pay-out. Instead, if you have suffered from life-changing wounds then you could expect a lot in compensation for your wounds.
Even if you and your colleagues have got hurt in the same accident, your injuries may be completely different. That means that you will be owed different pay-outs for your wounds.
What can I claim for in work accident compensation?
Now that you understand that all of you will get different types of pay-outs for your accident, you also need to consider what you can actually claim for. Damages fall under two categories. These are known as “general damages” and “special damages”. General damages account for your pain and suffering. Special damages are for your financial losses. Overall, you can claim for the following damages:
- Physical injuries
- Emotional trauma
- Financial losses
- Loss of opportunity (i.e. promotions)
- Broken Equipment
- Medical damages
If you have suffered from any of these damages, you could claim for compensation. This is because your employer has broken their duty of care towards you and your colleagues. They are at fault for your damages, therefore they need to pay for them.
Can my colleagues claim if I get hurt but they don’t?
This is where a compensation claim can get complicated. If you have got hurt but your colleagues haven’t, they still may able to claim compensation for emotional damages. However, to do this they will need to fall under certain circumstances. For instance, they will need to have witnessed the accident or have a close connection to you (i.e. a loved one or family member). Make sure to consult a solicitor for more information about what you could claim for. It is unlikely that if you have not been hurt then you may not be able to claim compensation. Whether you get a pay-out entirely depends on the circumstances of your accident.
What should I do if my employer refuses to accept responsibility for the accident?
Some work accident compensation cases can be more complicated than others. If you are lucky, the workplace or your employer will accept responsibility and be happy to pay you compensation for your injuries. In this case, you can sit down your solicitor and decide on an amount.
However, in some cases you may find that your employer refuses to accept that they were responsible for your injuries. This can mean that they ultimately refuse to give you compensation. If this does happen then you need to seek out legal counsel as quickly as possible. From there, you can collect evidence and send copies of the evidence to your employer. You may also want to send a rough figure of how much you want to ask for compensation. If they refuse to do this and also work with you to create a settlement agreement, you and your solicitor need to take your case to court.
In court, the amount you receive as compensation will be decided by a judge. Make sure to have enough evidence to show that you were the victim of your employer negligence. This will help you receive a bigger pay-out once the decision is made by your judge.
How long will it take to get a successful work accident claim?
This is the type of question that depends on the type of accident claim you have. If it is complicated then it will take more than a few months. Make sure to speak to your solicitor about a potential time-line. This can help you keep on track for your court date. You can also ask your solicitor to represent you in court if you are feeling nervous about facing your employer. They would be more than happy to do that and keep you updated.
Gowing Law Solicitors can help you with your work accident compensation claim
Here at Gowing Law Solicitors, we endeavour to provide legal counsel and advice to claimants all over the UK. If you have been recently involved in an accident at work, you may be entitled to thousands in compensation. Our solicitors can give you free advice and consultations to get you started. These can all be undertaken remotely. If you are happy to work with our lawyers, we would be more than to offer our services on a “no win-no fee” basis. This means that you will always come out on top as there will never be any hidden fees to pay.
Contact us today by calling 0800 041 8350, email email@example.com or contact us directly via our instant messenger. Check your claim and then our friendly team will be in contact with you as quickly as possible. We would be more than happy to answer any additional questions you may have.
Read more from our interview series!
Work accident claims can get complicated. That’s why we have an entire series about work accidents that can help you before you start your complication claim. If you want to read more about our previous work accident series, check out the links below:
- What sort of accident at work compensation claims are there?
- How can I be sure that I have an accidents at work claim?
- How bad does my work accident injury need to be to make claim?
- Can my work accident claim be for emotional damages?
- How do I make a work accident claim?
- My work-mate caused my accident. Who pays my accident at work compensation?
- How much money can I get from a work accident compensation pay-out?
We update our blog with the latest information every week with new content. If you can’t find the article that interests you, get in contact with your ideas! We would be more than happy to write about your ideas. Send in your suggestions to firstname.lastname@example.org. One of our team will get back in contact with you a quickly a possible.
Gowing Law looks forward to seeing you in our next blog. We also wish you the best of luck with your work accident claim. Let us know if we can help you with claiming compensation.