Accidents at work compensation claims

Workplace injuries are extremely wide-ranging and the compensation amount can differ. 

Compensation is usually made up of two elements – general damages and special damages.

General damages are usually limited by guidelines and previous cases. They are intended to compensate for the pain and inconvenience that you’ve been through.

Special damages are more personal to you and can elevate claims to very high figures depending on the nature of the injury suffered and level of need it creates going forward. In the case of a very serious injury, if someone needed an adapted home or lifelong care as a result of their injury, for example, special damages may be extremely high.

In the UK, you generally have three years to file a personal injury claim from the date of the accident or the date you became aware of the injury, whichever is later.

There are some exceptions to this rule, for example, if you or a loved one you are making a claim on behalf of were under 18 at the time of the injury, you would have three years from your / their 18th birthday to make a claim.

If the person that was injured lacked mental capacity before or as the result of the incident there is no time limit.

For asbestos related disease claims we often have to go back many years to identify at which point in your career you were exposed to asbestos. Even though you would think these cases are past limitation, the 3 years only start from the moment you find out you have been exposed and that the exposure is likely to have been linked to a work setting.

It’s important to seek legal advice as soon as possible after an injury, even if you are unsure about whether you have a claim. A solicitor can advise you on the specific time limits that apply to your case.

It is usual for these cases to take two to three years to settle, but whenever possible we’ll seek financial support to assist you in your life and recovery from the beginning of the claim. Some cases can take longer but we will do our best to secure interim payments for you. These are payments you can receive from the other side to help you meet immediate needs. That means you don’t have to wait for the settlement of your claim to start putting the support you need in place.

We have no win no fee agreements to protect you from financial harm and will always seek interim payments from your employer or whoever is responsible for your injury to support you in the short term whilst your claim is being settled.

We also support with claims where someone has died.

You cannot be dismissed for making a claim against your employer for injury in the workplace.

It’s illegal for an employer to fire you due to a claim or even to treat you differently because of it.

Some people are worried that their claim will harm company finances but employers have insurance to cover such claims and the compensation will come from them.

Making a workplace injury claim may not only be vital for you or your loved one in terms of securing a fulfilling and rounded future despite your injury, it can protect others at your own workplace and other workplaces from going through the same thing.

Injuries at work claims are usually brought against employers but there are circumstances where self-employed people have a justifiable claim.

If you were a self-employed contractor or freelancer within a workplace and suffered an injury you may be entitled to compensation.

Anyone who has suffered harm or injury due to something that was not entirely their own fault, may have a claim.

Contact us to discuss the circumstances and allow us to advise you further.

If the accident was tentirely your fault you cannot claim, but it is important to be aware that sometimes blame can be shared.

You may feel you are to blame or partly to blame for an accident but if you’ve suffered the consequences of it, it is important to consider if the blame was partially shared. If you made a mistake due to being tired because you did not have appropriate breaks or you were operating machinery incorrectly because you hadn’t had proper training, for example, there may still be a basis for a claim.

A specialist serious injury lawyer like the ones in our team will be able to help you understand if your employer was partly at fault for the accident, and if that means you are able to make a claim. If you feel at fault it can be difficult to think about making a claim, but we can help you find out what went wrong, and whether you should have been receiving more support from your employer. Compensation claims help people to live more full lives after suffering harm or injury and provide support and security to families too. It’s important not to feel that it is morally wrong to make a claim if you were only partly responsible for what happened. Businesses have to have insurance in order that claims can be dealt with and individuals supported when things go wrong.

Some cases can take longer than others to settle but we will do our best to secure interim payments for you. These are payments you can receive from the other side to help you meet immediate needs. That means  you don’t have to wait for the settlement of your claim to start putting the support you need in place.

Depending on the agreement we make with your employer’s insurance you may then receive your compensation as a lump sum (all at the same time) or in periodical payments that you will be receiving for a number of agreed years or the rest of your life. These are all things that your lawyer will explain to you in detail.

Yes as long as we can prove that the suffering is over and above what you would have experienced naturally because of the pre-existing condition.  If for example you were suffering from a spinal condition and an injury at work meant you lost your mobility a lot sooner than you would have otherwise had based on the progression of your condition we would be able to make a claim for you. On the other hand, if your pre-existing condition’s progression meant that you would have suffered the same level of injury regardless of the workplace accident’s impact on you things would be different.

As this is really complicated we can only answer this question fully on a case by case basis. Don’t allow the fact that you have a pre-existing condition to stop you from talking to an expert. You have nothing to lose and everything to gain.