An employer might have the best precautions implemented to lower the possibility of injury or harm to employees in the workplace but accidents do continue to occur. It is possible that a workplace accident happens due to the error of a coworker or due to a failure by someone else to erect hazards signs following a spillage. Whatever the cause is, if you’ve been involved in an incident at work and were injured through no reason of your own, you may be entitled to receive the compensation of your employer. For more information on the advantages and disadvantages of seeking compensation for injuries sustained at work, please continue reading.
The Benefits of Claiming Compensation for an injury at work
There are numerous benefits to seeking compensation for an accident at work that leaves you with injuries, regardless of whether the injury that you sustained was minor or more serious some of which are described below.
Financial worries won’t be a concern:
A serious injury on the job could lead to the inability to work whether for a short period of time or for much longer. Being unable to earn a living will put you under great deal of financial stress and the expense of paying monthly bills like rent, mortgages, or other living expenses that are essential to your life could turn into a problem. The idea of seeking compensation for injuries that occur in the workplace, would alleviate any financial issues you’re faced with , allowing you to focus on healing from your injuries.
Affording specialist treatment would no longer be a concern:
The work-related accident you were involved in might have left you with serious damage that needs specialist treatment and therapy whether the injuries sustained were physical or mental. The process of claiming an accident at work and being represented by a solicitor on an No Pay No Fee basis, could be a way to access specialists and specialists that you would not have to worry about having to pay for. This type of specialist treatment could be crucial in your recovery. It could even speed up the process substantially.
The cost of travel to get treatment for injuries will no need to be a problem:
Travelling to and from a hospital or another medical facility to receive the treatment and therapy you require in order to recover can be a stressful experience as the expenses can quickly escalate. In the event of an accident, seeking compensation at work eliminates the worry of how to finance your travel costs off the table whether you have to travel via train, car taxi, bus, or other means. The reason is that you would receive compensation for all of travel costs that will be factored into”special damages “special damages” that you will be awarded in the event of an injury at work claim
You would be awarded general and special damages when claiming compensation for an accident at work:
You would receive both general damages and special damages in a successful accident at work claim. General damages are difficult to estimate because they are based on the severity of your injuries and how your capacity to work as well as the extent to which your well-being and health are affected from the injuries you sustained during an accident at work. Special damages however, are easier to estimate since they are dependent on “actual” expenses and costs that result due to being injured in an accident at work that injured you, and will be taken into consideration when calculating the amount of compensation you receive.
Receiving interim payments in advance of the final settlement can make life easier:
If the injuries you sustained at work are so severe that you require permanent, continuous treatment and therapy, or because the claim you filed for an accident at work is so complex that it may take several years to negotiate a settlement A solicitor who can represent you and manage your claim could ensure that you receive interim payment before a final settlement is agreed by the parties concerned. This could make your life much easier by eliminating all worries about how to pay for bills or rent, mortgage and other expenses of living off the table allowing you to focus on healing from the injuries that you sustained from an accident at work.
Your worker’s rights are highly secured if you’re in an accident on the job:
The rights of the worker are protected in the UK and also cover you when you suffer injuries in a workplace accident which was not the cause or fault of your own. Employers are not able to stop anyone from seeking reimbursement for pain and suffering as well with any other out of pocket expenses that you are required to pay because of being injured while working. If your employer objects to you making an accident at work claim, they would be in violation of the law and could be facing legal action being taken out against them. This is why you should always seek further guidance from an attorney or solicitor who is an expert in employment law before you do anything else
Your employer is not able to dismiss you for claiming compensation after an accident at work:
Your employer cannot legally fire the employee because you’re seeking compensation for injuries sustained during work. If they threaten you with sacking or redundancy, you may pursue further legal actions against them. Employers must provide a “valid” justification for giving you the exit following an incident at work that resulted in injuries that were less severe or minor.
Your employer has a legal obligation to protect you from injury and harm in the workplace:
All UK employers are required to comply with the regulations and laws that the government has set in place to protect workers safe from harm and injury. That means employers must comply with all Health and Safety Executive regulations as well as other legislation. If your employer fails to comply with this in violation of the law, you have the right to pursue compensation should you be injured in an accident at work due to their negligence. As such, you should get legal advice on how best to proceed
Employers are legally required to maintain liability insurance in the following areas:
Employers working in the UK must , as per law, be covered by a liability insurance policy that is in place which provides the minimum legal requirement of in the amount of PS5 million. The policy should be clearly displayed at the workplace for all to view. When you file an accident at work claim, it is the insurance company that is approved by your employer who will handle your case, and it’s the insurance company who would pay the amount you are awarded. It is important to note that if an employer fails to have liability insurance, or the policy is offered by an insurance company that isn’t “recognised” and enforced by the appropriate authority is empowered to assess hefty fines against your employer that could be up to PS2,500 per day.
A solicitor with experience in dealing with claims for work-related accidents can ensure that you’re awarded the correct level of compensation:
A solicitors’ firm that has vast experience in representing employees in an accident claim against their employer is determined to make sure that you are granted the amount of compensation that your injuries merit being aware that negotiations will be handled by your employer’s insurance company and solicitor due to the fact that most personal injury cases (95 percent) are settled before they are heard by the judge. This is known as being “settled outside by a court” or”Part 36 offer” or “Part 36″ offer” which is proposed through your employer’s insurance provider directly with the firm of solicitors that handle your accident work claim.
95% of personal injury claims which includes those that are related to work, are resolved out of court:
As previously mentioned, should an attorney believe that you have a strong claim against an employer it typically means that your claim will not be disputed. In essence, your employer’s insurance company would opt to settle your claim prior to it goes before a judge through an offer known as a Part 36 offer which can make the process much faster.
The option of working with a solicitor on a No Win , No Fee basis offers many advantages and advantages
Working with a solicitor having signed an No Win No Fee agreement with them has many advantages and benefits with the primary one being that you would not be required to raise funds to pay for legal counsel when you require it the most and you only pay the agreed “success fee” once your claim is granted. Another benefit is that your case will be assessed free of charge at the beginning of your consultation, whether the discussion takes place via phone or a face-to-face meeting, depending on the complexity of your case
The disadvantages of seeking compensation in the event of an accident at work
A solicitor would need to examine your claim thoroughly before making a decision to represent you in the No Win No fee basis. If they decide that you’re not eligible for an attorney to provide you with a No Win No Fee service, they will typically provide a reason why this is so. It could be because you do not have enough proof for them to “prove” an assertion, or it could be that the legal time limit for a personal injury claim has been exhausted or is nearing expiration. In the end, the remaining time would not allow the solicitor to gather all the evidence required in order to establish your claim. to ensure that none of the crucial elements of an accident claim are overlooked.
Finding all the evidence you need can be a hassle and time consuming:
To have an accident at work claim to be upheld in court, you must prove that the injuries you suffered resulted from the negligence of your employer or due to the error/mistake of a work colleague. In this regard, even if you are partly responsible for the accident that took place and the injuries that you sustained, you may still be entitled to receive compensation since your employer may be held partially accountable. If that’s the case, the amount you receive will be based on the amount of your liability that you’re believed to have incurred in the event of the injuries. This is also known in the context of “contributory liability”. For instance, if a court finds you’re 25% responsible for your injuries the amount entitled to is 25% lower than if the injuries due to no fault of your own but rather due to the negligence of another party, specifically your employer. The evidence needed is as follows:
An account of the accident that is detailed in the accident report book or any other official method
The details of your injuries that you have sent to RIDDOR should the injuries you sustained be “reportable”
A medical report that details your injuries is provided by a medical professional
Witness statements along with contact information for them
The incident was captured on video should this be available
Photos of your injuries preferably prior to receiving any treatment
Photos of the scene of the accident
Complex work-related accidents could take years to settle:
When it comes down to complex work-related accidents, it can take several years for a settlement to be reached between the parties involved. It could be because the injuries that you sustained were severe enough that you require continual treatment and therapy. Another reason is that your injuries are severe and therefore life-changing, in which case you’d receive interim compensation prior to getting a settlement of the injuries you sustained in the course of a workplace accident. The interim payment would be done on behalf of you by a seasoned accident at work solicitor and the goal is to make life as effortless as possible for you
There is a strict 3-year period of time for accident at workplace claims:
There is a very stringent 3 year personal injury claim time limit which must be observed. In the event of not filing an injury claim before the legal deadline runs out, could mean that you are not eligible when you are awarded settlement for injuries that you suffered in a workplace accident. This includes if you have sufficient evidence to show that you could have been compensated if your employer have set in place the necessary and necessary steps to keep you safe from harm while you are in their work. Even if there’s only a few months left on the deadline for filing a claim an attorney may choose not to accept your claim on a No Pay No Win basis because there isn’t adequate time in which to accumulate all of the evidence needed when filing an accident lawsuit against a negligent employer.
The appeal process for a court decision if your claim for compensation from an accident at work is unsuccessful is a long-drawn out and complex legal process:
If you are denied your accident at work claim, submitting an appeal against a court ruling is a long-drawn out and complex legal procedure. The steps to follow before you are qualified to appeal should be done by a knowledgeable solicitor because if you don’t pass the first test, a judge would not be willing to hear appeal. This is why it’s ideal to discuss whether or not you should appeal a claim with an skilled lawyer through Work Accident Advice Centre who is experienced in handling accidents at work who would be most qualified to let you know your odds of success in appealing an injury at work decision.
It is possible that you will not receive the amount of compensation you had hoped to receive:
If you’re dissatisfied with the outcome of an accident on the job because you believe you deserve more in the way of compensation than what you received then you must discuss your concerns with your solicitor who may recommend that you file an appeal against a ruling of a court.
It’s reasonable to say that the advantages overshadow the negatives of seeking compensation in the event of an accident at work. Responsible employers would always ensure that employees are protected from injuries and dangers in the workplace, but accidents still occur. Recovering compensation for injuries suffered due to no fault of your own is a valid way to be treated with care in the event of an injury in an accident at work which was not the or no fault of the employee’s.
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