Guide to Work Accident Claims

operator-imgIf you have been involved in an accident at work, we appreciate that you might not know what to do next. We have prepared this work accident guide to ensure you are aware of the basic stages of a claim.

Many people that have been involved in an accident at work worry that a claim for compensation could prevent them from returning to work. This is extremely unlikely not only because there are laws of employment in place to protect you, but also because all employers must have insurance in place, and it is the insurance company that will ultimately settle any successful workplace accident compensation claim, not your employer.

Making a work accident claim – the process

What happens at the beginning of a claim? Initially your expert solicitor will obtain supporting evidence from you and any witnesses to the accident. Often a work accident claim will need very early intervention from a solicitor to ensure that any evidence that supports your claim is protected. Your solicitor might make early contact with your employer to protect evidence, and if this is not successful might make an application to the court.

What happens next? Once your employer has been contacted they have three months to investigate the claim and to accept or deny liability for your work accident. If the claim is straightforward they will admit your claim, allowing concentration to focus on the value of your claim.

Evidence to support your claim For your claim to succeed you must prove that your employer owed you a duty of care (established by them employing you) and that they have breached that duty of care causing you to suffer injury or losses. To prove that your employer has breached that duty of care, your expert solicitor will obtain other evidence to support your claim. This might include expert evidence from an engineer if machinery has been involved, or evidence from employees detailing similar accidents. Your solicitor will take care of all of this evidence, leaving you to concentrate on recovering from your injuries.

What other evidence is required? In addition to evidence to prove that your employer has caused the accident, your solicitor will also need to obtain evidence to confirm that the accident caused the injuries you have sustained. This evidence will be obtained usually from either an orthopaedic surgeon or a General Practitioner.

What about losses and expenses? Evidence will also be obtained to support all of your other losses, which might include:

  • Lost Earnings
  • Private Medical Treatment
  • Additional transportation costs
  • Any other losses or expenses you have incurred

This evidence will include receipts, wage slips and other documentation to prove all of your claim.

Settling your work accident claim Once all of the evidence has been obtained your solicitor will attempt to negotiate a settlement of your claim for you. Your solicitor will advise you how much compensation you can expect to receive and will negotiate with the insurance company or their solicitors to achieve a reasonable settlement for you. You will be kept advised at all times and any concerns or questions will be answered for you. Your settlement cheque is normally sent to you within 14 days of an agreed settlement being reached.

Considering a work accident claim – contact us today

When you choose our Work Accident Solicitors to help you you can be confident that not only will you have the best chances of being successful, but you will also receive the right amount of compensation for your injuries and losses.

Call us on 0808 901 9069 for a FREE no cost, no obligation opinion or complete our FREE online enquiry form now.

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Choosing our Work Accident Solicitors to handle your work accident claim will ensure that you will be looked after by accredited experts in this area of law.

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