Five Things to Know About Claiming Compensation for an Accident at Work

If you have had an accident at work and are thinking about making a claim for compensation, there are a few things that you should know first.

To make a work accident compensation claim you have to have been hurt because of something that your employer or someone else at work did. In other words, it has to be someone else’s fault. It might be, for example, that your employer did not put the proper safety equipment in place. They may have had a fall and landed awkwardly on their head and need brain injury compensation.

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Or it could be that a co-worker was not properly trained for their job. If you are not sure who was to blame, it is always worth getting advice from a specialist personal injury solicitor about whether you have a case.

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If the accident was someone else’s fault, you may then decide to make a work accident compensation claim through the courts. The first step is to find a good solicitor, who has experience in dealing with this type of claim and who can represent you at court if it comes to that. Your solicitor will write to your employers telling them that you have been injured and that you want compensation for your pain, suffering and any related financial loss (e.g. loss of wages, or even the cost of private medical treatment if appropriate).

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You should discuss with your solicitor whether you can enter a ‘no win, no fee’ agreement with them. It is important that you understand what that means. It means that:

a. If you win compensation, your employer will pay you your compensation and will also pay your solicitors’ bills (as well as their solicitors’ bills).

b. If you lose your case, you will have to pay your solicitors’ bills. But normally your solicitor will have organised a special insurance policy that will pay these bills for you. The insurance policy will also pay the legal costs of your employer, if you have lost your case.

c. The only money you will have to pay from when you first see your solicitor until the end of your case under a ‘no win, no fee’ agreement will be for expenses like medical reports and travel to and from court. You should be able to get that money back from your employer if you win. You might also have to pay a premium for your insurance policy, but that is something you would need to talk to your solicitor about.

It may be impossible for your solicitor to say how long it will take for you to receive any compensation. If it is a serious injury sustained like a brain injury. then the compensation could cover medical bills.

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That is because every case is different and it depends on a lot of things like whether your employers admit that they did something wrong; what sort of injuries you have and how long it will take you to recover.

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It might also be difficult for your solicitor to tell you how much money you will get if you win your case, at least in the early days of your case, because that will depend on how serious and long-lasting your injuries are. Your solicitor might be able to get some money for you during your case if you need it to cover your household bills or pay for private medical treatment (e.g. if there is a long wait for treatment on the NHS).

Finally, remember that there is a time limit on when you can make a claim for compensation following an accident at work. You will normally have just three years from the time you were hurt to make an application to court. Some types of injury from work might not appear for many, many years (such as asbestosis), and special rules apply to that type of injury. It is important that you seek expert legal advice as soon as possible about whether you have a claim, so that you do not miss out.