Tel: 020 8520 1021. Email: david.dolties@cch-solicitors.com

Tel: 020 8520 1021.
Email: david.dolties@cch-solicitors.com

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How to claim for an accident at work

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Suffering an accident at work can be an incredibly stressful experience.

Notwithstanding the severity of the injury sustained, the strain that an accident can put on an individual or family’s financial situation can be devastating. This financial strain intensifies when the accident has meant that you need to take a lot of time off from work. As the bills don’t let up and food is required on the table every night, the situation can quickly spiral out of control – leaving many feeling helpless and out of control.

However, there are things you can do to help your situation – such as making a claim against your employer. Under UK law, business owners and employers are responsible for the health, safety and welfare of anyone visiting their premises – whether they are an employee, client or a member of the public. If you believe that your employer failed you in this responsibility, you have every right to have your claim examined by a qualified, specialist work accident solicitor.

If you believe that you contributed to the accident, you may still be able to make a claim, but only if the other party was mainly at fault. Additionally, your final award of compensation will likely be reduced to reflect your contribution to the accident.

Examples of accident at work claims

If you have suffered a workplace accident, you may be able to make a claim. These are just a few examples of valid claims whereby an injury has been caused by a work accident:

  • Falling objects
  • Incorrect workplace procedures and/or practices
  • A trip or slip on a hazardous or non-hazardous surface
  • A fall
  • Handling, or being in the presence of, hazardous or toxic substances
  • An accident caused by improper or insufficient training
  • Being assaulted at work – either by a fellow employee or a customer
  • An accident while operating workplace apparatus, machinery or vehicles
  • Faulty, defective or improperly maintained apparatus, machinery or vehicles
  • Negligence of a fellow employee or manager
  • Disregard for proper Health & Safety practices

These accidents may cause a number of different injuries, such as:

  • Burns or scalding
  • Head injuries
  • Illness
  • Nausea
  • Industrial, chemical or repetitive strain injuries
  • Leg or arm injuries
  • Eye injuries
  • Broken bones
  • Severe bruising
  • Back injuries
  • Spinal injuries
  • Brain injuries
  • Amputations
  • Fatal injuries

Your accident may also cause suffering that isn’t readily noticeable, such as emotional trauma or mental anguish.

Will I face consequences for making a claim against my employer?

Some people may not wish or may not be able to return to their workplace following an accident; while others may want to continue working under their employer. Whatever the case, many might worry about the potential consequences and ramifications that may come from making a claim against their employer.

While it is not entirely unfounded to have these concerns, it is important to note that the law protects you, and an employer cannot dismiss you for making a claim. In the event that you believe this has happened, you may be able to make another claim for unfair dismissal. If your employer makes life at work difficult for you after you have made a claim, leaving you with no choice but to quit your job, you can also make a claim for dismissal.

You needn’t worry about leaving your employer in financial difficulty, as it is compulsory for all businesses to have employers’ liability insurance. Any compensation won from a claim would be paid from this insurance.

Is there a time limit to make an accident at work claim?

Yes. As with other accident claims, there is a three-year window in which you can make a work accident claim. The three-year period only applies if legal proceedings have not been initiated, so you needn’t worry about this limit once you have started to take action.

However, there are cases where a claim can be heard after three years – such as when an employee was exposed to asbestos and only discovered this fact years later as a result of a medical diagnosis.

The three-year deadline begins on the date of the accident, or the date on when the injury was discovered to be work-related. If a person dies while in the process of making a claim, the deadline begins from the date of death – allowing the family time to make a claim. In some cases, the deadline may begin from the time of post-mortem if an injury or illness is discovered during this process.

Many cases can often be resolved within a few months; however, many can be drawn out over a number of years.

How much compensation could I receive from a claim?

The vast majority of successful work accident claims can end up being awarded anywhere from 4-figure to 6-figure sums. Where on the scale that figure sits depends on the type of injury and its severity. For example, a mild, temporary leg injury will not be offered as much compensation as a catastrophic injury – such as an amputation.

It is likely in the interests of your employer’s legal representation and insurance firm to try and settle a case outside of court to minimise the amount of compensation to be paid. As such, to maximise your chances of receiving a just and fair amount of compensation, you need to employ a specialist work accident solicitor – such as CCH & Co.

We offer a dedicated service whereby a specialist will discuss your situation with you privately and with discretion. Upon hearing the details of your case, our solicitors will be able to offer you an assessment of a claim’s chance of success – allowing you to decide whether or not you want to pursue a claim.

We will not only maximise the potential amount of compensation that you can receive from a claim, we will also help you to claim for reimbursement for any lost work or for payments needed to make adaptions to your home or vehicles.

CCH & Co. can help file an accident at work claim

You should always seek out legal representation from a firm that specialises in accident at work claims. Some solicitors are better at dealing with less serious cases, whereas others are more versed in the requirements and considerations needed for catastrophic injury claims that may be life-threatening or life-changing.

At CCH & Co., we specialise in all aspects of accident at work claims. On top of ensuring you receive the maximum compensation as quickly as possible, we’ll keep you updated along the way with estimations on how long the case will take. This allows you to focus on your recovery and well-being, or a loved one, with the knowledge that your case is being handled by experts who are tirelessly fighting on your behalf. To get in contact with one of our experienced injury solicitors, call 020 8520 1021. or enquire via our online form.

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This post is not legal advice and should not replace professional advice tailored to your specific circumstances. It is intended to provide information of general interest about current legal issues.

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