Work Injury Claims
What Is A Work Injury Claim?
A work injury claim is a compensation claim for any injury you have suffered as a result of your job. The work injury may have been sustained at your workplace or in another location that you are required to access in order to do your job.
There are a wide variety of different types of work injuries. Some of the most common include:
- Lifting injuries
- Slips, trips or falls
- Falls from a height
- Injuries caused by poorly maintained or inadequate machinery
- Needlestick injuries
- Burns or scalds
- Repetitive strain injury
Whichever type of work injury you have sustained, your employer had a duty of care to look after your wellbeing. If your injury is the result of them failing in that duty, you are likely to be able to make a work injury compensation claim.
At Free Legal Justice, we know that your work injury will have been very distressing and stressful. The damage sustained during a work injury is very painful and can take a considerable period to heal. There can also be financial stresses added to this, if you need to take time off work to recover from your work injury. Our expert team of personal injury claims solicitors want to help.
You might wonder whether it is worth making a work injury compensation claim, worrying that it might just be adding another source of stress while you are still struggling to deal with the consequences of your work injury. Our personal injury claims solicitors are highly experienced in helping people just like you to get the justice you deserve. We aim to take all of the worry out of your work injury claim.
If you are considering making a work injury compensation claim, our claims team is here to help. We are available 24 hours a day, so call us on 0800 567 7074 or 0121 565 4317 or claim online today.
What Should I Do Following A Work injury?
Many of our clients ask us for advice as to what they should in the period immediately following a work injury. It should go without saying that your first priority must always be to make sure that you are safe from any further harm and also that you have all the medical help you need. Once this has been done, there are several things you can try to do that might help support any eventual work injury compensation claim.
The simplest thing you can do to help your work injury compensation claim would be to write down everything you can remember from the time surrounding your work injury. This can include anything that happened prior to it but that might be relevant as well as details of the aftermath. The more details that you can write down now, the easier it will be for you to remember all of the important information if your case has to go to court.
Witness Details And Statements
The next thing to think about is whether you are able to contact any of the witnesses to your work injury. If possible, you should have a list of names and contact details of anyone who saw what happened and anyone who can support your belief as to who was responsible for your work injury. You can ask them to write down what they remember if you wish, but we are happy to do this for you if you prefer.
If you are able to, it can also be very helpful to collect photographs or videos of the area where your work injury occurred. Taking these with your phone, especially if you have some form of geotagging enabled, as this provides additional proof that the pictures were taken when and where you say.
Although these are some things that you can do following your work injury, to help support your work injury compensation claim, we are still fully able to help you even if you are not able to do any of these things. Our expert team of personal injury claims solicitors are specialists in making these kinds of claims, and we can arrange for the collection of any evidence needed to support your work injury claim. Call us on 0800 567 7074 or 0121 565 4317 or claim online now to discuss your work injury claim and see how we can help.
How Much Compensation Can I Receive For My Work injury?
The amount of compensation received for different types of injuries varies hugely and is completely dependent on your specific work injury. This makes it incredibly difficult to answer the question of how much compensation you are likely to receive. This is why we recommend that you call us and discuss your case as soon as possible. There are some general principles behind the amount of compensation you receive, however.
Compensation claims can be thought of as being divided into two distinct parts. The first part aims to compensate you for the pain and suffering you have experienced as a result of your injuries. Because this is such a subjective thing, the governing body (the Judicial College) has set guidelines for how much compensation should be awarded for different injuries. They provide a range within which compensation payments should fall for each injury, but these ranges are often very wide. This is to allow for the individual nature of your personal injury. Our expert personal injury claims solicitors have years of experience, allowing them to give you the most accurate estimate of where in this range your injury is likely to fall.
Special Damages Available For Work Injury Claims
In addition to this, you are also entitled to compensation for any financial costs, expenses or liabilities that you have incurred as a result of your work injury. This is designed to ensure that you are not left financially worse off as the result of a work injury that wasn’t your fault. This can include covering you for the loss of any earnings you could have expected during any period you have needed to be off work, or for the loss of potential future earnings, if your injuries mean that you are unable to return to your former profession. You are also able to claim the expenses associated with any additional medical care or rehabilitation that might have been necessary and hard to access via the NHS. For those who have very serious injuries, you are entitled to payments to allow you modify your home or vehicle to help you to live as close to the life you had before as possible. In general, you are entitled to claim back any expenses that you have had that would not have occurred had your work injury not happened.
Working with our dedicated team of personal injury claims solicitors means that you have the benefit of our years of experience, allowing us to claim for many expenses that you might not have realised could be included in your compensation claim. We want to get you the financial support you need to help get your life back on track.
How Can Free Legal Justice Help Me Following My Work injury?
Free Legal Justice is here to help eliminate the stress involved in making a work injury compensation claim. The most important thing is that we are available to you, 24 hours per day. This means that you can always access the legal help that you need. If you have a question about your work injury compensation claim, or if you are considering starting a claim, call us on 0800 567 7074 or 0121 565 4317 at any time. If you prefer, you can claim online and we will arrange a call back at a time that is convenient for you.
Our expert team of personal injury claims solicitors understand the importance of listening. We make sure that we listen carefully to every aspect of your case, including who was at fault, the circumstances surrounding your work injury, all of the details of your injuries and the ways in which this has impacted your life. This degree of personalised care means that we are able to give you the most accurate information and advice that is specific to you.
Our Expert Work Injury Claims Team Can Help
Working with our expert team of personal injury claims solicitors means that we will be able to take over the vast majority of the admin and paperwork. We know that the time following a work injury can be stressful, so we complete almost all of the forms for you.
Free Legal Justice are here to take the stress out of your work injury claim, allowing you to dedicate that time and energy to your recovery.
No Win No Fee Work injury Claims
We believe that everyone is entitled to seek compensation following a work injury, and we don’t believe that a lack of funds should prevent you from getting the legal advice that you need. This is why we offer our services on a no win no fee basis to almost all of our clients.
Our no win no fee agreements mean that you are able to instruct us to work on your behalf, without making any payments up front. We will only take payment once you have received the compensation payment you are entitled to. If we are unable to get you the compensation you deserve, you won’t owe us a penny. Even more importantly, our fees are set as a percentage of your payment, meaning that you know exactly how much you will need to pay before accepting any offer of compensation and you will always receive the majority of your compensation.
Accidents At Work Claims On A No Win No Fee Basis?
In a few situations, we are unable to work on a no win no fee basis. If you are unlucky enough to fall into this rare category, we will explain this straight away, and we will discuss the range of alternative funding options open to you to make sure that you can still get the legal help you need at a price that you can afford.
If you are thinking of making a work injury compensation claim, don’t delay. Call now on 0800 567 7074 or 0121 565 4317 or claim online today.
What If I Want To Keep Working At The Same Job After Making A Work injury Compensation Claim?
You should never have to worry about losing your job as a result of making a work injury compensation claim. Your employer is not allowed to take any action to punish you for making a claim, and this includes you losing your job. They are also not allowed to change your job to one that is less desirable or exclude you from opportunities that you would otherwise have had.
Very few employers would even want to punish an employee for making a compensation claim following a work injury. Almost all employers understand that you need the compensation award to help you get your life back on track, and want to support you in that as far as is practical.
Make The Work Environment Safer By Making A Claim
Making a work injury compensation claim can also be helpful to your colleagues, as it highlights ways in which your employer is not taking sufficient care of you and encourages them to put more safety measures in place. After all, if you have suffered a work injury as a result of your employer’s carelessness or negligence, others could very easily have the same experience.
Particularly if you work for a small business, you may be concerned that your work injury compensation claim could put them out of business. Thankfully, you don’t need to worry about this, as all businesses are required to take out Employers Liability Insurance, which covers them for any accident at work compensation claims, including your work injury claim. This allows you to make a claim and get the compensation you deserve, without worrying that you might put the firm you work for out of business.
If you are thinking about making a work injury compensation claim, there’s no need to wait. Call us on 0800 567 7074 or 0121 565 4317 or claim online now to see how we can help.
How To Start Work Injury Claims?
In order to make a work injury compensation claim, you will need to follow the standard process for making any personal injury compensation claim.
One of the first things to do if you are considering making a work injury compensation claim is to call us on 0800 567 7074 or 0121 565 4317 or claim online. We will provide you with the support and advice that you need to make sure that your claim progresses smoothly and that you have the highest chance of getting the positive outcome that you deserve.
We Contact The Other Side
We, acting on your behalf, will write to the person you are taking action against, explaining that you believe that they were responsible for your work injury and that you are making a work injury compensation claim against them. We will ask them to accept that they were legally responsible (liable) and give them a deadline by which they have to respond.
If the other side tells us that they do not accept liability (this is known as them disputing liability), we will put together a file of evidence to support your claim. This will include any evidence you have found, as well as anything we gather. It can include a visual record of the event, if one exists, witness statements and expert testimony as to accepted safety guidelines for your industry. Once presented with this information, almost all employers will accept liability.
Liability Accepted For Your Work Injury CompensationClaim
Once the other party has accepted that they are liable and that they will need to pay compensation following your work injury, we then need to begin negotiations to decide the exact amount of compensation that is fair. Although we conduct the negotiations on your behalf, you are always in control. We will inform you of every single offer that is made, even if we recommend that you reject it. We will give you our honest, unbiased advice, based on our years of experience, as to whether you should accept or reject any specific offer, but we will always support your decision. If you reject an offer, we will explain to the other side why, and the reasons that we believe you deserve a higher amount.
Almost all of the work injury compensation claims we deal with are resolved without needing to go to court. This is because most people are willing to accept liability, once they have been presented with the relevant evidence. It is also usually possible to agree on a compensation amount that seems fair to both sides. If these things are not possible, however, you may need to go to court and ask a judge to decide. In the unlikely event that you are in this position, don’t worry. We will support you throughout, and help you to get the compensation you deserve.
Only once the compensation has been agreed and paid do we take our fees, which are a percentage of your compensation payment. You will always receive the vast majority of your payment, to help give you the financial support you need to be able to concentrate on your recovery after your work injury.
How Do I Begin My Work injury Compensation Claim?
Our expert team of personal injury claims solicitors have years of experience helping people who have been through a work injury, just like you. Although the idea of making a work injury compensation claim might seem daunting, our work injury specialists are here to help.
The first step, if you are thinking of making a work injury compensation claim, is to make sure that you have access to the help that you will need. Call us on 0800 567 7074 or 0121 565 4317 or claim online to arrange your free, no obligation consultation with our dedicated team of expert personal injury claims solicitors. Our work injury specialists are available 24/7 to ensure that we can give you the support you need at a time of your choosing.
We Listen To Our Clients
As part of the conversation, our expert team of personal injury claims solicitors will listen to the full details of your work injury. This includes everything that happened around your work injury (especially in the period just before it, as well as who you believe was to blame), the ways in which your life has been impacted by what has happened and the full extent of your injuries. This allows us to give you personalised advice about the likelihood of winning your case, as well as the amount of compensation you might receive.
Will It Take Long To Complete My Work injury Compensation Claim?
How long a work injury compensation claim takes to complete depends on the nature of the case itself. We understand that you want your claim resolved as quickly as possible, and we work tirelessly to get you the compensation you need to put your work injury behind you.
Some cases can be settled very quickly indeed, with many taking just a couple of months and the very fastest needing only a few weeks. For cases to be resolved this quickly, they will usually be for more minor injuries and, therefore, smaller compensation amounts. If you are claiming a smaller amount of money, there is less incentive for the other side to reduce your claim through lengthy negotiations. Work injury compensation claims that are resolved this quickly as also the ones where the other side accept liability almost immediately, removing the need for evidence gathering and offering proof, both of which take time.
Do Work Injury Claims Take Long To Finish?
If your work injury compensation claim is complicated, it can take far longer to be completed. Complicated cases are often those in which it is not obvious who was to blame for your work injury, or where multiple different parties share the responsibility. Claims are also usually more complicated if the injuries are very serious, as there may be significant medical evidence to be read and understood before it is possible to agree on a compensation amount.
Should All Work Injuries Be Included In The Accident Book?
All workplaces are required to have an accident book, and all accidents at work must be recorded as soon as is practical after the incident. It is also best practice to record any ‘near misses’ where an accident could have happened but was avoided. This means that the accident book should provide a clear record of any health and safety issues in your workplace.
Although all accidents must be recorded in the accident book, this doesn’t always happen. If an accident or injury is very serious, the most important thing is to look after the person who has been hurt. In these cases, the accident book may be forgotten and filled out later. Sometimes, however, an employer deliberately fails to record an accident or injury in the accident book, in the hopes that they will be able to deny that it took place.
Was Your Work Accident Written In The Accident Book?
The accident book can be very useful in supporting your work injury compensation claim, but you are still very much able to make a claim successfully, even if your accident or injury has not been recorded. If this has happened to you, we are able to use a variety of alternative types of evidence to prove that your version of events is correct and to get you the compensation you are entitled to.
If your work injury is not recorded in the accident book, the best course of action is to email an appropriate member of staff (this is usually your manager or a member of the HR department), informing them of what happened and asking them to make sure that this is recorded correctly. This ensures that there is a written record of your version of events and also prevents your employer from claiming that they were unaware of what had happened.
Can I Claim Compensation For The Work injury I Suffered?
If you have suffered a work injury, you may be wondering whether you are able to make a work injury compensation claim. In most cases you can, but there are a few things that must be true for your claim to be successful.
This may seem self-evident, but you are only able to make a work injury compensation claim if you have experienced a work injury and were injured as a result. Your injury can be either physical or psychological, but you cannot claim for injuries that you could have suffered, had your work injury been slightly more severe. You also cannot claim for a near miss. We understand that narrowly avoiding injury can be alarming, but you can only claim compensation for injuries that you have actually suffered.
Was Someone Else At Fault For Your Work Injury?
It is also vital that there is someone who is at fault in your work injury. In order to make a work injury compensation claim, you must claim against someone, and this person or organisation must have had some form of responsibility towards you. Because your accident or injury took place at work, your employer will almost certainly be in this position, as they have a statutory duty of care, meaning that they have a legal requirement to think about your health and safety and to take all appropriate measures to keep you safe.
The person or organisation that you are claiming against must also have been able to predict something along the lines of what happened to you. This does not mean that you have to prove that they did anticipate it, but a reasonable person who was taking their role seriously in terms of health and safety should be able to foresee the danger.
The final requirement is that the other party must have failed to take sufficient steps to protect your safety. This doesn’t mean that you can’t claim unless they did nothing. You are still able to make a compensation claim if the measures they put in place were inadequate.
Contact Our Work Injury Claims Team Today
If you have been injured as the result of a work injury and there was someone else who could have helped to avoid or minimise your injuries, you are able to make a work injury compensation claim. If you are in this position, call us on 0800 567 7074 or 0121 565 4317 or claim online today.
The above link from HSE is information for the health and safety rules in the UK for the workplace and it gives advice on how to avoid accidents and injuries.
This link gives free advice on health and safety at work in the UK