Work Compensation Payout: The types of loss and amounts of compensation you can claim for an injury at work
Discover the types of loss your work compensation payout will include; when you may still be able to claim lost income when your employer is paying you during your absence from work; the most common type of work accidents with compensation amounts for typical work injuries.
What types of loss can you claim in your work compensation payout?
If your suffer injury at work and your solicitor can show your employer is legally at fault – there are primarily two types of loss you can claim as part of your work compensation payout.
1. Pain, suffering and loss of amenity
This is a compensation payout for the actual injury you suffer – whether physical or psychological or both. An injury causes you pain and suffering and can affect your ability to enjoy your usual activities.
Your solicitor will obtain a medical report from an independent medical expert of the correct discipline. For example – if you suffer broken bones, an orthopaedic medical expert would be instructed.
This expert will produce a report that includes the exact nature of your injury (its severity and how it affects your life) with a prognosis setting out how long in the medical expert’s opinion it will take for you to recover from your injury or whether there could be permanent disability.
Your solicitor will compare the injuries set out in the report with claims decided by the courts in the past (caselaw) and judicial guidance (guidance by the courts as to sums for different injuries) to determine the compensation payout amount.
Be careful – the medical expert is an independent expert, owes a duty to the court and comments on the balance of probability. In other words – the expert will give an unbiased opinion and may seem a little rushed or abrupt. You may feel a little flustered at the meeting and struggle to recall all your symptoms.
Don’t despair – the best way to counter this problem is to keep a diary of your symptoms, so that your mind is clear when you are at the medical appointment and you can check your diary if you become flustered. This way you will ensure the medical report is as accurate as possible and allow your solicitor to maximise your work compensation payout.
2. Financial losses and expenses
Your work compensation payout will also include a sum for all the financial loss and expense you incur as a direct result of your accident. See our accident at work compensation article for more details of these losses.
One significant loss is lost income, which has particular relevance given your claim is against your employer.
If your employer continues to pay you during your absence from work – you may not have a lost income claim.
Should your employer only pay your SSP or basic pay – when you ordinarily would have some overtime pay – you will still have a claim for an element of lost income.
Importantly – should you be unable to work into the future or have permanent reduced hours due to your injury – you may also have a future lost income claim. The medical report should address how long you would be expected to have reduced working capacity – allowing a calculation to be completed by your solicitor.
What compensation amounts might you expect for common work accident claims?
There are many different types of accident at work – some common ones we come across (with a link to our articles setting out the average work compensation payout you can expect), include:
Work machine accident – many of these types of accident lead to crush or cut injuries to the fingers and hands.
Chemical irritation – working with chemicals without adequate PPE can cause damage to the skin.
Dust or chemical inhalation – this will most likely cause industrial lung disease.
Excessive noise exposure – this will invariably lead to noise induced hearing loss and tinnitus.
Summary of work compensation payouts
You have found out how you can claim for pain and suffering plus financial loss and expense as part of your work compensation payout; with links to our articles setting out how to claim for the most common types of workplace injury.
Specialist solicitor free legal help
Select our specialist solicitor legal help – to see our unique legal help options, both online and over the telephone. You can ask an online question or speak direct to our specialist solicitors.