Claiming compensation for workplace injuries can feel like an uphill battle. But if you understand the process and what is to come, then it should be a little more straightforward.
In order to adequately prepare and ensure that you are properly educated on the matter, we have put together this step-by-step guide. By the end of this article you will know if you’re eligible, and if so, how to claim compensation for the injury, what’s involved, and how we can help..
At TBI, we have a team of experts who specialise in helping employees claim compensation from work-based injuries. When you have experts on your side, you’ll find the process a lot more simple. You may even be able to claim for a higher amount.
Understanding Your Rights
If your employer has failed to protect you and you have been injured as a result of your job, then you might be able to claim compensation.. In order to do this, you will need to state that your employer was negligent or in breach of a statutory duty.
Under UK law, an employee has the following rights:
• The right to receive first aid or medical assistance
• The right to record an incident in the accident book
• The right to report any safety issues or concerns you may have
• The right to join a trade union for help or advice
• The right to make a claim for compensation
• The right to request adaptations that are reasonable to allow for a return to work
• The right to suitable sick pay for the duration that are absent from work
Repetitive strain injury is one of the most common injuries that people who work in an office experience. It is caused by typing too frequently, usually indicating that the person has not had breaks. If someone is taking regular breaks from typing, they shouldn’t develop this condition, and as such will be eligible for compensation if they do.
Another common injury that will be covered under compensation is a back injury. This can be caused by a number of things such as being left alone to lift something too heavy for one person. Or, if you are constantly sitting in an uncomfortable chair eight hours per day, you could develop back and neck issues.
Head injuries can be caused by a range of different situations, but if you have got damage to your head in some way, you will be entitled to workers compensation.
Working with hot equipment or chemicals requires a lot of safety regulations to be put in place. If it’s found that your burn was caused by a lack of this, or because you were lacking safety equipment, you will be entitled to claim.
In order to claim compensation for injury at work, you are going to need to gather all of the essential information that will help you win your case. One of the most important pieces of evidence that you need is proof of injury, so as soon as the injury occurs it should be logged in the accident book and you should go straight to a medical professional. They will be able to note down what is wrong with you medically, and what you claim happened when you arrived.
It is also essential that you have some kind of evidence to prove that the injury occurred while working. If there is any camera footage that shows the accident, this will also be helpful. We would urge you to take photos of any injuries that you sustained.
You will also need to provide some kind of evidence that shows loss of earnings or financial hardships due to this injury.
The sooner that you can collect all of this information, the better. You need to ensure that you are doing this as promptly as possible, as this will give you the best chance of a successful claim.
As soon as the injury occurs, you need to report it directly to your employer. This may be your supervisor, line manager, or a designated health and safety person. You’ll need to give them the details of what happened, and ensure that this is being recorded correctly in the business accident book.
In order to document this accurately, you need to ensure that the following details are recorded:
• Name
• Date of birth
• Job title
• Date of the accidentInformation surrounding the accident
• What injuries were sustained
• Names of anyone around who witnessed
Check for yourself that all of this information has been recorded, and even take a picture as evidence just to be on the safe side.
When you are going to make a compensation claim, the medical evidence that you can supply is going to be one of the most important pieces of evidence that you can give. Your medical records are going to be needed in order to make a successful claim, you need to seek medical attention as soon as you can after you have sustained a workplace injury. It’s important that the medical professional can see the extent of your injuries, and that you fill them in on how they occurred.
Notifying Relevant Authorities
It is not just your employer that needs to know about the accident or injury. The appropriate occupational safety or regulatory bodies must be informed if there is an injury that has occurred. This is going to differ depending on the severity of an injury. For non-serious injuries a report does not need to be given, but should be noted down by the employer.
Serious injuries however do need to be reported under RIDDOR. However, only employers need to file this report. If you are an employee, you can contact the Health And Safety Executive (HSE) to report the injury.
When you start the process of claiming compensation for a work injury, you have the option of hiring a solicitor for legal guidance throughout this journey. Most people do choose to hire someone to help them as there are a lot of legal terms that will be thrown around, a lot of hoops that need to be jumped through and it generally helps to have someone on your side who has been through this process before.
If you choose to hire legal representation, there is a better chance that you will receive a higher settlement if you win your case. As well as this, hiring a personal injury solicitor ensures that you are on even footing with the company that you are claiming against. Employers and insurers will certainly have legal representation on their side, so having this yourself will be hugely beneficial. They have someone to fight for them, so it’s important that you have someone with an in-depth knowledge of the legal system fighting for you. We are experts in personal legal services, so rest assured you're in safe hands with TBI.
Filing the Compensation Claim
Deciding to pursue a compensation claim without the help of a solicitor can make things quite difficult. People who are not legal experts typically do not know what they can actually claim for, what they could be missing out of their claim and so much more. But, the important thing is to fill out the right forms and file the claim correctly. There are many different forms that need to be completed to ensure that everything is done correctly, and it might be a good idea to contact a representative of your trade union if you’re a member of one.
You will need to complete the correct forms based on your injury and the circumstances surrounding it. Once you have done this, you need to ensure that it is sent to the right place, or complete the form online if you are able.
If you hire a TBI Law to help you through this process, our team will do all of the filing for you. We'll handle all of the paperwork, ensuring that you do not have anything to worry about. Headache free!
The final settlement is how much you are going to receive from your employer for the injuries that you sustained. It’s important that you negotiate with your employer to get the best settlement possible, or that you allow your solicitor to do this on your behalf. In order to negotiate a fair amount, you must first decide whether the offer is reasonable . Typically a first offer isl ikely to be too low, even if it’s tempting to accept it.
The value of the settlement will depend on a range of different factors, including but not limited to your salary, any contractual financial bonuses, and how long you have been employed by the business. It will also depend on how much financial loss you have suffered as a result of the accident, and the extent of your injuries.
As you can see, there is a lot that needs to be done in order to win a compensation claim for an injury at work. We would say that the most important thing that you can do is to gather your evidence as quickly and as thoroughly as you can. This is critical so that you are ablet o prove your case.
If you do not hire a solicitor to assist you, there is a high risk of you missing deadlines, not filing your paperwork correctly, and other small things like this that can result in your claim being denied. It is for this reason that the best thing that you can do is seek out legal advice as soon as you can before you start your claim.
If you’re looking to claim compensation for an injury at work, get in touch with our team today. Tilly Bailey & Irvine Solicitors will fight for you, aiming to get you the best settlement possible without dragging the claim out for months on end.
