What is a workplace injury?
It can be a straight forward accident which happens to you at your place of work. The most common types are slipping and tripping, falling off something or the handling of various items. It could be an injury sustained whilst away from the work place but still during employment e.g. a delivery driver.
It could be a disease such as dermatitis from using chemicals at work or even things which happen long after you have left work for example asbestos disease.
It does not have to be a physical injury and could be psychiatric such as depression resulting from overwork or bullying.
Am I entitled to compensation?
You may be entitled to a payment for the pain and suffering you have endured and also for any other losses such as earnings. These payments must be claimed from the insurance company for the employer but only if the employer is at fault in someway.
Accidents will happen, why must I claim?
The law states that all employers must take out employer's liability insurance which will pay compensation to employees who are injured. The insurance company will only pay out if a valid claim can be made against the employer, if necessary through the Court. Most injuries are preventable by the employer because they control the workplace, the equipment and the system of work. There are many regulations for employers to comply with and most injuries are found to be their responsibility when the facts are examined. We are experts at doing this and can advise you on your situation.
Claiming might upset my employer
Some employers might not like their health and safety standards being criticised but most will understand that this process has to be gone through in order for you to get compensation. Their insurance then covers them so it is unlikely they will have to pay anything. Their insurers may recommend or require them to change something at work but this is a good thing in that it will help to prevent someone else from being injured in the same way.
An employer who dismisses someone (or makes life very uncomfortable) because they are making an accident claim is likely to be breaking employment law. We can also advise on this.
The Litigation Series -No 1
My employer may just prefer to carry on paying me
There is nothing wrong with that either as a good will gesture or an obligation under the contract of employment. But it is not the same as paying compensation for the actual injury which you may be entitled to. This is especially important if you do not make a full recovery or suffer an injury which could get worse in the future. Your employer should not pay this compensation as his insurance will cover this.
Is there a time limit?
It will become quite difficult to make a claim if your injury was more than three years ago but there are exceptions, especially when the injury is something which is not known about at the time. It is always worth checking the situation with us.
How much will it cost to make a claim?
You may have a free initial interview in personal injury claims and then you can be advised in detail about funding. There will be no obligation on you without full explanation of your options.
If you would like any further information please contact
