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How to claim for an Accident at Work

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Workplace accidents are not uncommon, and they happen more often than you think, regardless of the precautions in place. If you have suffered an accident at work, you may have sustained life changing and long-term injuries along with psychological distress and financial worries.

It can be particularly confusing to start a claim, but we have helped thousands of employees secure the compensation they deserve.

During these difficult and distressing times, Wildwood Legal can provide the following reliable information to make your claims process easier and give you access to legal advice from a solicitor.

 

Can you make a claim for an accident at work?

 

Under the Health and Safety Act 1974, employers have duty of care to provide their colleagues with a safe working environment. Business owners in the UK are legally required to have regulations in place for the welfare and well-being of their staff, including any visitors to their premises.

If you have been injured at work as a result of your employer failing their duty of care towards you, they are held legally responsible, and you can make a work accident compensation claim under employer’s negligence.

If your injury was caused by faulty equipment, lack of protective clothing, or insufficient training, you can claim an accident at work compensation. Any accidents caused by hazardous working conditions or lack of maintenance will make your employer liable for injuries sustained.

A compulsory Employers Liability Insurance must be held by all businesses to ensure they meet the guidelines in place so that any compensation may be paid from the insurance.

 

What are common types of accidents at work?

 

Although there are several risks in many places of work, people in certain professions have a greater chance of suffering from workplace accidents than others.

According to the Health and Safety Executive (HSE), workers in agriculture, fishing, and forestry were more likely than other workers to suffer an injury in the last 12 months. Construction was deemed to be the second highest dangerous trade, while manufacturing is also another comparatively unsafe industry.

The most dangerous types of accidents in the workplace involve:

· Falls from a height at construction or building sites

· Being struck by a moving vehicle or moving object

· Falling objects

· Encountering moving machinery or heavy, defective, and faulty equipment

· Being trapped by a collapsing or overturning object

· Factories or warehouse operatives and forklift drivers

· Harmful environment or toxic substances

· Assault at work

· Slips and trips in the workplace

· Inadequate safety training and insufficient risk assessment

· Inadequate protective clothing

 

What kind of injuries can you sustain from work accidents?

 

There are various types of workplace injuries that your employer can be held responsible for, ranging in severity, depending on the situation. Some examples are as follows:

· Minor lacerations and cuts

· Sprains

· Head injuries

· Musculoskeletal injuries, including spinal injuries

· Loss of sight or hearing

· Paralysis

· Broken bones

· Amputations

· Severe workplace burns and scalding

· Fatal injuries

 

How to claim for an accident at work?

 

When you are ready to make an injury at work claim, you should try to get in touch with an accident at work solicitor by completing one of the forms or calling us. Legal experts will aim to build a successful case by collating the necessary comprehensive information to make sure you receive the right settlement.

You should try to gather as much information about the accident and your injuries prior to getting in touch. It is important to keep a note of all details that resulted in the injury. Information such as the location, time, date of the accident, the circumstances of the accident, the injuries you sustained, and details of any witnesses will all be helpful to your solicitor.

When the relevant information has been collected, a legal representative can investigate your claim and prepare the value of your compensation. During investigations, your solicitor will calculate your compensation with the other side so that negotiations can occur, and a mutual offer can be agreed upon.

 

What to do after an accident at work?

 

The most important thing you should do after an accident at work is seek medical attention immediately. Depending on your injuries, you should get treated at A&E or see the first aider at work. Subsequently, you should try to make an appointment with your GP or healthcare professional as this will prove the extent of your injuries and help your case.

If it is possible to do so, report your work injuries to your employer in an accident book and obtain a copy of this document. Every workplace should have an accident book, and this should be recorded because it will prove to be an important piece of evidence in your personal injury claim.

You should also try to photograph any visible injuries you sustained and collect the contact details of any witnesses. It may also help your case further if you put together a clear description and list of your symptoms and how they have affected your daily life as soon as you can.

Having records and detailed information will prove to be beneficial when claiming for benefits, including Statutory Sick Pay (SSP). Recording all expenses and financial losses related to your injury will also strengthen your claim for compensation.

If you are self-employed, you should inform the Health and Safety Executive and find the nearest local urgent care services. You could make a claim if you do hold an income protection insurance, otherwise there may be other benefits you are entitled to.

Generally speaking, the more evidence you collect, the stronger your claim will be.

 

How much compensation can you receive for injuries at work?

 

The amount of compensation you are entitled to depends on the impact of your injuries, the length of your recovery, and your ability or inability to carry out the work you used to do.

You will receive a greater compensation award if your injuries are particularly severe.

It is generally divided into two categories: general and special damages.

General Damages – This refers to the amount of compensation you receive for your physical pain, suffering and loss of amenity so if you are no longer able to take part in your favourite hobbies or sports.

 

Special Damages – These are any direct financial losses that you may have suffered because of your injuries. Typically, these may include loss of earnings up to the settlement, loss of earnings in the future, medical costs, or the costs of care provided to you. Therefore, it is vital to keep a record of any private treatments you received and any receipts for travel and medical expenses.

 

Work compensation claims can also cover existing injuries or conditions made worse by the accident and additional compensation will be awarded if you have been left unable to work indefinitely.

 

How long can you claim after an accident?

 

Generally, the time limit for seeking a claim for an accident is three years from the date of the accident. It also states that claims can be made from the date you first became aware

that the workplace environment or incident directly caused your injuries, if you do not immediately realise you are injured.

If you were injured before you turned 18, then you can claim up to your 21st birthday but it is always best to get in touch without delay.

In the case of fatalities, the three-year limitation begins from the date of death if someone dies during the process of making their work accident claim

 

No Win No Fee

 

After we have decided to take on your case, a legal representative will discuss the appropriate funding methods for your claim.

If you are a member of a trade union, you should be able to get free legal advice as part of your membership and keep all your compensation.

If you are not a union member, then you can make an accident at work claim with us on a no win no fee basis, so you don’t face any financial risk. The term describes the agreement between the lawyer and injured person. This means that you never have to pay fees (also known as contingency or conditional fee agreement) upfront and you pay nothing at all if your claim is unsuccessful.

On the basis that your claim is successful, a small percentage of your compensation will be deducted for the solicitor’s legal fees. Typically, customers pay 25% (or less) of the amount of compensation received to recover the solicitor’s work, although this depends on your individual needs.

 

How can Wildwood Legal help?

 

At Wildwood Legal, we know that the consequences of workplace accidents can be devastating. If you have suffered from this, you need to seek legal advice – That’s where we come in.

We see all too often the significant effect that accident at work claims can have on people’s lives. We can help on the financial side to get you on the road to recovery and help you to maximise the amount of compensation you receive.

Our core strength is in workplace accident claims. We are experienced in helping you with any claims that you may want to make. We aim to give you not only quality aid but flexibility and clarity as we know that these qualities are just as important.

Our law firm is authorised and regulated by the Solicitors Regulation Authority therefore, we provide everything that is needed to meet their high standards meaning that we are a trusted law firm. We offer services to individuals located in England and Wales.

If you’ve suffered as a result of work accident, get in touch with us and we can help you start your claim– we’re only a phone call away. To make an enquiry, get in contact with us either email us info@wildwoodlegal.co.uk or please call us 01423 209 046

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