Work injuries are painful in more ways than one, especially if an injury is owing to employer negligence. In the UK, legal regulations mean an employer is responsible for providing their workers with a safe environment – whether that be in an office, factory, warehouse, or other location. But before seeking compensation for a workplace injury, there are some things to consider.
The Legal Aspects of Workplace Injury Compensation
The first considerations are legal. Anyone suffering from a workplace injury must claim compensation within three years of the accident, under existing guidelines. Second, it is the responsibility of whoever suffered the accident at work to demonstrate the negligence of their employer. This can be done via the testimony of witnesses, or other cases of the same work accident.
Claimants will also normally need legal representation, as it will need to be proven that the workplace injuries are the liability of the employer. In the UK, most firms specialising in work accident compensation offer a 'no win no fee' contract. Here, payment is conditional on the successful claim and, unlike US law, here the fee cannot exceed 100% of the work accident compensation.
Further, in most UK cases those who've had an accident at work contribute nothing to their representation fees. This is because fees are recovered from the losing party in the form of 'damages.' However, though many firms list the kinds of work injuries they'll represent, the compensation itself depends on the circumstances of the accident. Still, it is worth shopping around.
The Emotional Side of Claiming for an Accident at Work
Beyond legal considerations, those that suffer an accident at work sometimes feel guilty about testifying against their employer. For the sake of workplace injury compensation, they risk alienating themselves from their co-workers, whose wages after all depend on the company's solvency. In other words, the implications for a work injury claim extend well beyond the employer.
But claimants shouldn't necessarily feel worried. Next to full lawsuits, the figures involved in workplace injury compensation are minor, and employers may feel relieved to resolve a safety problem that could potentially have been more expensive. Moreover, those who claim for an accident are not undermining the business, since employers are required to have full liability insurance.
Even knowing this though, claiming for an accident at work shouldn't be taken lightly. The Department of Work and Pensions article on 'Accidents in the Workplace' reminds claimants that the cash received should compensate for lost earnings – not constitute an opportunity for "free money." Further, work accidents can enter a legal limbo for years, if neither party is able to agree to a sum for compensation.
With this information, the first step for those who've had an accident at work is to contact a solicitor. Few firms specialise in one kind of workplace injury, but many are able to advise on all accidents. Claimants will often be required to provide an account of the accident, and details including injuries sustained. Firms then start the claim, and provide an estimate of the expected restitution.
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