Work Accident Claims Guide
Our work accident claim guide explains the actions you need to take if you are involved in a workplace accident.
Many employees immediate concern when involved in an accident at work is "If I make a claim will I lose my job?" No. If you do make a claim your employer will have insurance in place to pay any compensation. If you were subsequently dismissed as a direct result of making a claim for compensation for injuries you would have another legitimate claim. However, in our experience of over 25 years of dealing with work accident claims this does not happen.
What Do I Do First?
The first stage is to ensure you obtain early legal advice. Often vital evidence may be lost from the scene of the accident if urgent and early action is not taken. If you are able to, take photographs of the scene of the accident using a newspaper to scale the scene.
Ensure the accident is entered into the accident book at your place of work (if you are no longer at work ask a colleague to ensure that this has happened). Your employer has a duty to record the facts of the accident.
What Action Will They Take First?
Your work accident solicitor will first make contact with your employer who will then pass their letter of claim to their insurance company. The insurer will then start to investigate the facts of the accident to see whether they should accept responsibility for your accident on your employer's behalf.
What Happens Next?
The insurance company has three months to investigate the accident before they must inform your solicitor whether they accept or dispute the claim. Even if they state that they dispute it at this time in most cases we take on settlement will be agreed at a later date once they have carried out further enquiries.
Gathering Evidence
To win a claim for compensation for a work accident your solicitor will have to establish that your employer failed in their duty of care to protect you whilst you were carrying out your duties. They will obtain statements from other employees and use photographic evidence to prove this. They will also investigate any earlier examples of similar accidents.
Medical Evidence.
In addition to evidence to prove that your employer has caused the accident, your work accident solicitor will also obtain medical evidence to confirm that the accident led to the injuries you sustained. This evidence will be from a General Practitioner or an Orthopaedic Surgeon.
Your Claim
In addition to your claim for injuries, you can also claim for other incidental expenses including:
- Earnings lost as a result of your inability to work
- Private medical treatment for your injuries
- Travel costs (to treatment etc)
- Any other losses or expenses you have incurred that were caused by the accident
Settling Your Claim
When all evidence has been obtained and your medical condition has stabilised, your solicitor will look to settle your claim for you. They will seek offers in settlement from the insurance company and most of the time a negotiated settlement will be achieved without the need for a court hearing. Even if a court hearing date is fixed the majority of work accident claims will settle before.
Would You Like Help From Work Accident Experts?
Glynns have a specialist work accident claims team waiting to help you. We will provide you with a completely free, no obligation initial assessment.
To make a free, no obligation enquiry please call us on 0800 234 3300 (or from a mobile 01275 334030) or complete our Online Enquiry Form, thank you.
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- Specialist medical negligence solicitors
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