The Complete Guide to Making an Accident at Work Claim
Employers have a duty to protect the health, safety and welfare of their employees and other people within the workplace. However, accidents at work can and do happen.
In the 2019/20 reporting year, data from the Labour Force Survey (LFS) shows there were 693,000 non-fatal injuries sustained by workers in Great Britain. RIDDOR data reports also showed that 65,427 employees with non-fatal injuries were reported by employers in the same year.
If you’ve suffered an injury at work due to negligence, you and your family may have been significantly impacted by this and caused financial loss. Therefore, it is essential to ensure correct guidance is in place to get the help, support, and any compensation you are entitled to.
Our specialist Personal Injury Solicitors have put together this Complete Guide to Making an Accident at Work Claim, which explains the process for making a claim.
Complete Guide to Making an Accident at Work Claim
The thought of pursuing a claim can seem daunting, especially if you’ve never made a personal injury claim before. Our friendly and professional solicitors work efficiently to make the process as straightforward as possible, with focus on achieving a successful outcome.
How to make an Accident at Work Claim?
If you’ve been injured due to an accident at work, or you have developed an occupational illness or disease due to working conditions, you could be eligible to make a claim for compensation.
Can I make a Workplace Injury Claim?
To make an accident at work claim, the accident must have occurred within the last 3 years, or your condition must have been confirmed as linked to your employment within the last 3 years. Also, there must be the basis for saying that the injury, illness, or occupational disease was caused by someone else’s negligent actions.
For further information please read our article explaining your rights after an accident at work.
Common Causes of Accidents at Work
Accidents at work can happen at any time, especially if health and safety guidelines aren’t being followed. Below are the most common causes of accidents at work:
- Slips, trips, or falls on the same level
- Handling, lifting, or carrying
- Falls from height
- Insufficient training
- Faulty equipment or machinery
- Unsafe working environment, practices, or procedures
- Occupational illnesses or diseases
Accident at Work Claims Process
Below we explain the process of pursuing your work injury claim with Morrish Solicitors:
- Contact a Specialist Personal Injury Solicitor – If you wish to pursue a claim, you should contact an experienced member of our personal injury team with as much information as you can regarding your injury, illness, or disease.
- Consultation – You will go through the details of your accident, illness, or disease with one of our specialist personal injury solicitors. They will then advise you on the possibility of your case being successful and will only take your case on if they believe it will achieve a positive outcome. Also, they will go through the different funding options available.
- Investigation – The solicitor will gather as much information as possible and obtain all relevant documents e.g., medical records and witness statements to prove you have suffered negligence in the workplace.
- Claim Submission –When enough evidence for your case has been gathered, the solicitor will them submit your claim to the party they believe are liable (to blame) for your injury, illness, or disease for example, your employer. Whoever the claim is submitted against will be the ‘Defendant’, and they will need to provide liability response in accordance with the pre action protocol for personal injury claims.
- Negotiations – Once the Defendant has responded, and if liability is admitted, the solicitor will negotiate a settlement on your behalf to fully compensate you for the injury, illness or disease. This will include financial losses sustained, and compensation for any future treatment or costs required as a result. However, if the Defendant denies liability, then they must give reasons for this, and provide documentation to support their decision. This will enable us to advise you further with a view to progressing the claim and pursuing court proceedings if a settlement cannot be agreed.
- Settlement & Payment – The final stage of the process is to settle the claim and pay the compensation into your bank account. Depending on how your case was taken on e.g., via a ‘no win, no fee’ agreement, a small percentage may be taken from your compensation.
Types of Evidence to Support a Workplace Accident Claim
As mentioned above, you must be able to prove your accident, illness or disease was caused by someone else’s negligence and also to prove the injury and financial loss caused by the negligence. Different types of evidence to support the claim can include:
- Record of the accident e.g., accident book
- Photographs of what caused the accident and the injuries sustained
- Your medical records that show what treatment you received after the accident or diagnosis.
- Previous payslips or tax returns to prove loss of earnings
- Independent medical assessment of your injuries
- Witness statements
We will assist with the obtaining of such evidence and what is required from you.
Funding available for Accident at Work Claims
Most of our accident at work claims are taken on a ‘No Win, No Fee’ agreement. This means that if your claim is unsuccessful, you will not have to pay the legal fees for your solicitor’s services. You will only make a contribution to legal fees if you claim is successful. Some costs can be recovered from the defendant but there may be a percentage taken from the compensation obtained.
There are alternative ways your claim could be funded, which we will explain in your initial consultation.
Specialist Accident at Work Solicitors Leeds & Yorkshire
Morrish Solicitors are a well-established Law Firm in Leeds, West Yorkshire. We provide a variety of legal services to private clients, Trade Unions, Associations, and their members. Our specialist team of personal injury solicitors are renowned for their history of recovering significant compensations for our clients.
If you’ve suffered injury, illness, or disease as a result of someone else’s negligence contact us on 033 3344 9600 or email [email protected] with the details of your request.
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