Injuries at work are frustratingly common, and it is entirely natural to want compensation for your pain. Work injury claims can be complex, so to help you see whether you have a case or not, here are eight questions to judge whether you can or should make a work injury claim in the UK.
- Is your accident a work injury?
A work injury is something either physical or psychological that has happened as a result of your responsibilities at – or the conditions of – your workplace.
- Was your employer at fault?
For a case to be won, two major factors must be met. The first is fault: proof that your injury was your employer fault. Your employer has a duty of care, meaning they must take all reasonable steps to protect employees from harm. Therefore, if:
- You were not properly trained
- You were given faulty or inadequate safety equipment
- The environment was unsafe
- Your employer ignored risks
Then your employer failed in that duty of care, and may be liable for your injuries. Even if you are self-employed or an independent contractor, you may still be eligible if the company you were working for owed you a duty of care. Speak to an expert solicitor to help clarify whether duty of care was breached in this situation.
The other major factor is legal eligibility.
- Did the accident occur within three years?
In the UK, you have 3-years from the date of the accident to pursue your claim.
There are exceptions. If the injured person was under 18 at the time, then the 3-year period begins from their 18th birthday. In fatal accident claims, dependents have three years from the date of the injured individual’s death. There may be no time limit if the injured individual has reduced cognitive capacity.
- Was the accident recorded by your employer?
Any company with more than 10 employees must record all incidents in an accident book. Ensure the entry is made and request a copy for your own records.
- Do you have any witnesses or photos of the incident?
Evidence collected at the time is highly valuable. Photographs of the accident scene as well as written witness statements can help prove the circumstances that led to your accident. If there is a delay, then it may be hard to contact witnesses, and changes may have been made to the environment.
- Have you visited your doctor?
Visit a medical professional as soon after the accident as possible, both for treatment and for your medical records to be updated. A medical report that links between the accident and your injuries is hugely important when making a work injury claim in the UK.
- Are you aware of what you’re entitled to?
You may be entitled to claim either general damages (pain, suffering, impact on quality of life) and special damages (medical bills, loss of earnings, rehabilitation costs etc).
Discuss with a legal professional like us here at Remus Robu Solicitors to help work out what you may be eligible for.
- Do you want to pursue a claim?
Even with a valid case, many individuals hesitate due to uncertainty over evidence, or concern over being involved in a long legal case.
We believe that you should contact your solicitor regardless for a free consultation, but if you believe there is any cause that may prevent receipt of your claim – say, you are concerned about your evidence or if there may have been ways you could have avoided the accident – then it is critical that you mention this to your solicitor, who can then advise you whether or not to continue with your claim.
Many individuals fear a response from their employer, but this should not be a concern. It is vital to note that your employer cannot retaliate against you for making a work injury claim in the UK. Equally, if your employer has made a seemingly generous settlement offer, we still strongly recommend you talk with a solicitor.
The settlement may be lower than you are entitled to, and it may require you to sign away rights to further compensation later – even if your injuries worsen and healthcare fees mount up.
A consultation with an experienced work injury can help you understand what your employer is asking you to give up, and whether a you should be in receipt of more. As once you accept what the company has offered, your options are closed.
If your answer to most or all of the above questions is “yes”, then you may be entitled to make a work injury claim in the UK. The expert legal team at Remus Robu Solicitors can assist you by assessing whether you have a case, and if so, getting you the compensation you are entitled to. We have a 98% success rate and have won over £1 million pounds in compensation for our contents.
If you are Romanian in the UK, Remus Robu Solicitors can help provide support in your own native language, ensuring nothing is lost in translation. Contact Remus Robu Solicitors for a consultation and full legal support in both English and Romanian.