Work Accident Claim: A guide to making a compensation claim for personal injury following an accident in the workplace
Specialist solicitor sets out summary of the work accident claim process, including: what types of compensation you can claim; how to show your employer is responsible for your claim; how to get your questions answered by an expert online with links to two index pages setting out each step of the accident at work claims process in detail and a list of all the frequently asked questions / workplace site user Q&A.
What is a work accident claim for compensation?
If you suffer personal injury as a result in a work accident – you may find that you are entitled to claim compensation from your employer.
The compensation you can claim is made up of four key elements:
1. Pain and suffering
The physical or psychological injuries you suffer cause pain and suffering – for which you are entitled to compensation.
2. Financial loss
As a result of your injury you are likely to have an actual monetary loss and expenses – such as lost income, medical expenses, travel expenses to the hospital or your GP, etc. You are entitled to claim compensation for these losses.
You are entitled to claim interest on the above two types of loss. The interest rate varies on the type of loss you have suffered.
4. Legal expenses
Your legal expenses are not really classed as compensation, but in many countries you can also claim your legal costs in claiming compensation. In England and Wales, for example, you can claim the majority of your legal costs so long as your personal injury is worth over £1,000.
How do you know if your employer is responsible for your work accident claim?
You should leave proving responsibility for your work accident claim to a specialist solicitor.
You might be surprised to learn that your solicitor can access records your employer must keep by law concerning your accident including:
1. Accident book entries
Describing not only your work accident, but other similar accidents at work to other employees.
Investigations made by your employer and meetings concerning how your accident happened.
3. Health and Safety Executive reports
If you are absent from work for over three days as a result of work accidents or have a serious injury – your employer must report your accident circumstances to the Health and Safety Executive (HSE). The HSE will often investigate your accident circumstances and documents will be produced as to their findings.
There are many more documents your lawyer has the right to see and these can all be used to show your employer was responsible for accident.
Will your employer be insured for your personal injury at work claim?
“Yes” – your employer is required by law to have in place suitable employee insurance which will pay your compensation in the event of an accident.
How long do you have to make a work accident compensation claim?
You have three years from the date of your accident to make a claim for compensation.
There are some exceptions to this rule. If it is more than three years from your accident it might not be too late to make a claim – but you must act quickly and seek expert legal advice.
How do you get free legal help from a specialist work accidents lawyer if you are considering making a claim?
You should contact a specialist work accidents personal injury lawyer if you think you might have a claim for compensation.
See our specialist injury at work solicitor online help to select from our free online and telephone help options including asking a legal question or speaking direct to a solicitor.
Further accident at work articles, frequently asked questions & blog
See our accident at work index to see all of our articles setting out each aspect of the work accidents claim process in detail.