Accident At Work Compensation: The types of compensation you can claim for a workplace injury
Accident at work compensation: find out the main different types of costs and expenses you can include in your workplace accident claim.
What are you entitled to claim as part of your accident at work compensation?
There are four main types of loss and expense that you are entitled to claim as part of your accident at work compensation, which include:
1. Special damages
These are past financial expenses that you have incurred as a result of your accident. You will need receipts to prove the amount and include:
a) Lost income
If your accident resulted in your being unable to work for a period of time: you are entitled to claim lost income as a net amount – income after tax and national insurance is deducted.
When you have had an accident at work your employer may be required under your employment contract to continue paying you some income during your absence. If so your lost income claim is calculated from the difference between your rate of pay prior to your accident and the rate during your absence.
b) Travel expenses
You can claim the travel expenses relating to your accident, including those to and from hospital and your GP. If you used your own vehicle – including that of a friend or family member – you can claim a mileage rate: typically £0.45 per mile.
c) Medical expenses
You are entitled to claim the medical expenses you paid to have your injuries treated – including private medical expenses (should there have been a good reason you chose not to use the NHS) and prescription expenses.
d) Nursing expense
Sometimes your injuries are so bad that you were forced to pay for professional nursing assistance during your recovery period – you can claim this expense.
e) Care and assistance expense
If family members or friends provided you with care and assistance – you are entitled to claim an hourly rate for their time spent. Statements from the individuals who supplied the assistance would be necessary to support this expense.
f) Loss of holiday
If you had a holiday booked which you were unable to go on as a result of your accident – you are entitled to claim the cost of the holiday. If you were able to go on the holiday, but due to your injuries you were unable to enjoy the holiday – you are entitled to claim for loss of enjoyment.
2. General damages
Click accident compensation for a full description of general damages using a RTA as a example.
You are entitled to claim interest on both general damages and special damages. The rate of interest will vary depending on whether the type of damage is general or special.
You are only entitled to interest once your claim has commenced in court.
Interest on general damages runs from the date you commenced your claim in court and interest on special damages runs from the date that your accident occurred.
4. Legal Costs
Click no win no fee for a description of what your legal costs include.
As a rule in UK law – the loser pays the majority of the winner’s costs. This is true in a personal injury claim so long as the pain and suffering for your injury is worth over a certain amount – currently £1,000 (in 2018).
For you to be entitled to receive your legal costs prior to commencement in court of your claim – your accident lawyer must accept the accident at work compensation on your behalf “subject to the payment of legal costs”.
Accident At Work Compensation Summary
You now know the main types of loss and expense you can claim as part of your accident at work compensation, I now recommend you:
Click accident at work compensation frozen shoulder injury to find out how much accident at work compensation you can claim for typical workplace manual handling injuries.