Skip to content

The Positives and Negatives for Claiming Compensation for an Accident at Work

  • by

Employers may have the most effective safety measures in place to minimize the chance of injury and injury to employees at the workplace, but accidents occur. It could be that an accident at work happens because of the negligence of a coworker or due to a failure by someone else to put up warning signs for hazards following an incident of spillage. No matter the reason is, if you’ve been involved in an accident at work and suffered any kind of injury due to no reason of your own, you may be able to claim the compensation of your employer. For more information on the benefits and disadvantages of seeking compensation for injuries sustained at work, please go through the following article.

The Benefits of Claiming Compensation for an accident at work

There are numerous benefits when you seek compensation for an accident at work that causes injuries, regardless of whether the injury that you sustained was minor or more serious Some of them are given below.

Financial concerns will no longer be a problem:

Injuries of any kind at work could result in that you are unable to work, whether for a brief period of duration or for a longer period of. Being unable to earn a living could put you under a amount of financial pressure and the cost of monthly bills such as rent, mortgages and other essential living expenses can be a major issue. In seeking compensation for injuries sustained in the workplace can alleviate any financial issues you might have to deal with , allowing you to focus on healing from your injuries.

The cost of specialist care will no longer be an issue:

The workplace accident you were involved in may result in serious injury that requires specialist care and therapy , regardless of whether the injuries you suffered were psychological or physical. In the event of an accident at work, and having it represented by an attorney on the No Loss No fee basis could provide access to experts and experts that you do not be responsible for having to pay for. This kind of treatment can be vital to your recovery , and may accelerate the process significantly.

Contact the Work Accident Advice Centre for help…

The cost of travel to get treatment for injuries will no any longer be an issue:

Transporting to and from a hospital or other medical facility to receive the care and treatment you need to speed up your recovery could be stressful because the expenses can quickly mount up. In the event of an accident, seeking compensation at work takes worries about how to cover your travel expenses off your plate regardless of whether you travel via train, car, taxi, bus or other methods. The reason is that you will receive compensation for all of the travel expenses that would be included in”special damages “special damages” you receive on the successful outcome of an accident at work claim.

You could be awarded general and specific damages when you claim compensation for an accident at work

You could be awarded general damages as well as special damages in the event of a successful accident in the workplace claim. General damages are more difficult to determine because they are determined by the severity of your injuries as well as you are able to perform and the extent to which your health and well-being is affected by the injuries you suffered during an accident at work. Special damages however are more straightforward to calculate since they are determined by “actual” expenses and costs that arise directly as a result of being injured in an accident at work that caused you to be injured, which will be included in the amount you receive.

Receiving interim payments before the final settlement can simplify your life:

If your workplace injuries are enough to require continuous, long-term treatment and therapy, or because your claim for compensation is so complicated that it may take several years to settle and a lawyer to represent you and manage your claim can ensure that you are paid interim amounts before the final settlement is reached by the parties involved. This could make your life much easier by and take the stress of paying bills and rent, mortgage and other expenses of living off your plate, allowing you to focus on healing from injuries sustained during an accident at work.

Your rights as a worker are secured if you’re involved in an accident at work

Workers’ rights can be protected by the UK that also protects you when you are injured during a workplace accident which was not the negligence or fault of your own. Employers cannot stop the claim of compensation you are entitled to for the suffering and pain as well in any out-of-pocket costs you must pay due to being injured at work. If your employer is against the filing of an accident at work claim, they could be in violation of the law and they may be subject to further legal action being taken out against them. Therefore, it is recommended that you always seek guidance from an attorney or lawyer that is skilled in the field of employment law before you take any other action.

Employers cannot dismiss you for seeking compensation for an accident on the job:

Employers are not legally able to fire you if you are seeking compensation for injuries sustained at work. If they do threaten you with sacking or redundancy, you can pursue further legal actions against them. Employers must provide a “valid” justification for giving you the exit after an incident at work that caused you to suffer injuries, whether mild or more serious.

Your employer is legally bound by a obligation to protect you from harm and injury in the workplace.

All UK employers must adhere to the regulations and laws that the government has put in order to ensure that workers are protected from injury and harm. This means that your employer has to adhere to all the Health and Safety Executive regulations and other laws. If your employer fails to comply with this due to their disregard for the law, you are entitled to the right to claim compensation if you are injured during an accident at work due to their carelessness. Therefore, you must consult with a lawyer about how you should proceed.

Employers are legally required to carry liability insurance in the following areas:

Employers working in the UK are required by law to have a valid liability insurance policy that provides the minimum legal requirement of in the amount of PS5 million. The policy must be displayed prominently at the workplace for all to read. If you file an accident at workplace, it’s the insurance company that is approved by your employer that handles your claim and it is the insurer who will pay the amount of compensation you receive. It is important to note that if an employer fail to carry liability insurance, or the policy is offered by an insurance provider which isn’t “recognised” and enforced by the appropriate authority is able to issue hefty fines to the employer, which could amount to up to PS2,500 per day.

A lawyer with expertise in dealing with claims for work-related accidents will ensure that you are given the right amount of compensation:

A solicitors firm that has a vast amount of experience representing employees in an injury at work claim against their employer will do their best to ensure that you receive the amount of compensation that the injuries you sustained are worth considering that negotiations will be conducted between your employer’s insurers and solicitors since most personal injury cases (95 percent) are settled prior to when they are considered by an adjudicator. This is known as being “settled outside from court” or”Part 36 offer” or “Part 36″ offer” that is offered by the insurance company of your employer directly to the solicitors firm who handle your accident at work claim.

95 percent of personal injury claims including those which are work-related, are settled outside of court:

As mentioned previously, should an attorney believe that you have a valid claim against your employer, it usually means that your claim will not be challenged. In other words, your insurer would decide to resolve your case prior to the judge is even present by submitting an offer known as a Part 36 offer which can accelerate the process significantly.

A solicitor’s services on a No-Win No Fee basis can bring many benefits and benefits:

A solicitor who has signed an No Win No Fee agreement with them provides you with a number of advantages and benefits , the most important being that you do not need to come up with the money to cover legal counsel when you require it most. You only have to pay an agreed “success fee” after your claim has been accepted. Another benefit is that your case will be evaluated for free in the initial consultation, regardless of whether the conversation takes place via phone or an in-person meeting, based on the nature of your case.

The negatives of claiming compensation for an accident at work

A solicitor will need to carefully evaluate your claim prior to accepting to represent you on an No Win No fee basis. If they determine that you are not eligible for an attorney to provide you with the No Win No Fee service, they will typically give you a reason for this. It could be because you are unable to provide enough proof in order to “prove” the claim or that the time period imposed by law for an injury claim has expired or is near to expiring. In other words, the remaining time would not be sufficient for an attorney to collect all the evidence needed to support your claim, and to make sure that no crucial aspects of an accident claim are missed.

The process of gathering all the evidence required is a challenge and time-consuming

In order for an injury at work claim to be deemed valid it is necessary to prove that the injuries you sustained resulted from the negligence of your employer or the mistake of a colleague. However, even the case that you were partially responsible for the incident that occurred and the injuries you sustained could be entitled to receive compensation since your employer may be considered to be partially responsible. If that’s the case the amount you are awarded will reflect the amount of responsibility you are believed to have incurred in the event of the injuries. This is known by the term “contributory responsibility”. A good example is that when a court decides that you’re responsible for 25% for the injuries you suffered and awarded you a sum, the amount given would be 25% lower than if you sustained your injuries due to no fault of your own instead, due to the negligence of an uninvolved third party, such as your employer. The evidence required is in the following manner:
An account of the accident in the book of accident reports 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 , provided by an expert medical professional
Witness statements, along with contact information for them
Video footage from the incident should it be made accessible
Photographs of your injuries preferably before any treatment
Photos of the scene of the accident

Complex work-related accidents could take years to settle:

In the case of extremely complicated claims arising from accidents at work it could take several years before a settlement can be agreed upon by the parties involved. It could be because the injuries you sustained were so serious that you need ongoing therapy and treatment. Another possibility is that your injuries are severe and life-changing, in the latter case, you’ll receive interim payments prior to getting a settlement of the injuries sustained as a result of an accident at work. The interim payments will be made on your behalf by a seasoned lawyer for accidents at work, with the ultimate goal of to make your life as simple as it is for you.

There is a strict 3-year period of time for accident at workplace claims:

There is a very strict three-year personal injury claim deadline which must be observed. If you do not file an injury claim before the legal deadline expires, could result in you losing out when you are awarded compensation for injuries you suffered in a workplace accident. This is especially true if you have sufficient evidence to show that you could have been compensated if your employer put up all the reasonable and appropriate steps to keep you from injury during your job. Even if you have only two months remaining on the time frame set by law the solicitor might not be able to handle the claim under a no Win No Fee basis , simply because they would not have sufficient time for gathering all the evidence needed to file an injury at work claim against an employer who is negligent.

The appeal process for a court decision if your claim for compensation from an accident at work is not successful is a drawn out and complex legal procedure:

If you lose your accident in the workplace, submitting an appeal to a court decision is a lengthy and complex legal process. The steps needed to be completed before being eligible to appeal should be left to an experienced lawyer because if you fail to meet the initial test the judge will not be willing to hear your appeal. Therefore, it’s recommended to discuss the possibility of appealing the claim with an expert lawyer for accidents at work who is most qualified to inform you know the odds of winning a case when appeal against an accident at work decision.

You might not receive the amount of compensation you’d hoped for:

If you’re disappointed by the outcome of your accident at work claim due to the fact that you believe you deserve more in the way of compensation than what you received You should talk to your lawyer who might suggest you file an appeal against a ruling of a court.

It is fair to say that the benefits outweigh the negatives when it comes to seeking compensation in the event of an accident at work. Employers who are responsible will always make sure that their employees are protected from injury and harm at work, however accidents still occur. In seeking compensation for injuries that occurred by the fault of no one else is a legitimate way to be treated with care in the event of an injury during an accident at work which was not the negligence of yours.