Work Injury Claim: How to start your UK work place accident claim for compensation before it is legally too late
Work injury claim: find out what a what a workplace accident claim for compensation is, how to start a claim against your employer and why the law only allows you three years to start your claim from the date of your injury before it is too late.
What is a work injury claim for compensation?
Before you find out how to start your claim it is important you appreciate what a work injury claim for compensation actually is.
A work injury claim for compensation is a claim for money to compensate you for injuries you have received – both physical and psychiatric – and expenses you have incurred as a result of an accident at work.
A compensation claim is also known as a damages claim as it is the damage caused to your person and your finances as a result of an accident.
How do you start an accident at work claim against your employer?
An accident at work claim is commenced when you send what is known as a “letter of claim” to your employer, which should include the following details:
1. Your personal details – including your name, address and national insurance number.
2. A description of how your accident happened.
3. An explanation as to why you believe your employer is responsible for your accident.
4. A description of the law you are relying on to claim your employer is responsible for your accident.
Click accident at work claim for a description of the law that you can rely to claim compensation.
5. A full description of your injuries – both physical and psychiatric. If injuries are ongoing you should state this.
6. A description of your financial expenses as a result of your work accident. Any ongoing expenses should be stated.
As you are making your claim against your employer he will have the details of your lost income, but it is still important to include lost income in your letter.
7. A request that any relevant documents that your employer has should be sent to you. There exists an obligation on your employer to send you copies.
Click accident in the workplace for a list of the types of documents your employer should keep following a work injury.
8. A request that your employer send a copy of your letter of claim to his insurers.
Your employer’s insurers will often be reluctant to take your letter of claim seriously unless an UK personal injury specialist solicitor has drafted.
How do your start your work injury claim in court if necessary?
Often a letter of claim will not be enough to force your employer or his insurers to offer you the correct level of compensation, so you will need to take the next step of starting your claim in court known legally as “issuing proceedings”.
To issue proceedings certain court documents should be completed, a court fee paid and medical reports sent to the court to show exactly what injuries you have suffered.
Click no win no fee work injury lawyer to see how to instruct a specialist solicitor for free to start your personal injury claim in court.
How long after your injury at work do you have to start your claim for compensation?
In the UK the law allows you three years from the date of your accident at work to start your compensation which is the same time period for most types of accident claim.
Click motor injury accident claim to find out about the three year limitation period to make a compensation claim and to discover exceptions to the three year period – examples are given for road traffic accidents but they apply equally to accidents at work
Work Injury Claim Summary
You now know what a work injury claim for compensation is, how long you have to start a claim before it is too late and how to start a claim both in and out of court.
I recommend you now:
Click work injury claim / worker compensation insurance to learn about the insurance that will pay compensation for a “work injury claim” made against your employer.