Expert Opinion

Making a claim for compensation from your employer: What you need to know

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When you suffer an injury at the workplace, it can lead to a whole host of miseries such as excruciating pain or the inability to continue working. Many people find themselves living on savings following a workplace accident as they are unable to work and cannot generate an income.

Making a claim for compensation can provide you with funding to not only support yourself, but it can give you access to specialist treatment without having to rely on NHS waiting lists which could get you back to working sooner. However, people often don’t realise they can make a claim following an accident, and we’re here to help you understand everything you need to know about making a compensation claim.

What Is A Work Injury Claim?

Work injury claims are how an employee can receive compensation following a workplace accident by claiming against their employer’s insurance for being negligent about their staff’s safety. Every business in the UK should have an insurance policy that covers employee liability, and when you are involved in an accident, you will be claiming against the company’s insurance.

Are You Eligible To Make A Claim?

When you are involved in a workplace accident, it does not necessarily mean that you will be eligible to make an injury at work claim. Your employer has a responsibility to provide all employees with a safe working environment, and if they fail to do so, it could result in accidents and injuries. You can only make a claim when your employer is at fault and has been negligent about work safety, which means that if you are at fault for the injury, you cannot make a claim. However, you can consult an expert, like PRS Solicitors, if you’re not sure who is at fault, and they will be able to advise the next steps available to you.

Reporting Your Injury

It is essential that you report your injury when it occurs, and every business in the UK should have a logbook in order to record injuries that happen in the workplace properly. If you have suffered an injury at work, report it to your manager as soon as possible. Once you have done this, you should be given a form to complete that will be stored in the accident log book. Ensure that you record everything in detail with the correct times and dates, then ask for a copy of this form for your records and in order to provide it to your injury at work specialist.

How Long Do Claims Take?

This question is typically at the top of everyone’s lists when they make an injury at work claim, and while there is no rule of thumb for how long it can take to settle a compensation claim, some factors can influence the duration of the claim.

  • Whether your employer accepts responsibility for the accident or not.
  • The overall speed of your legal representation.
  • The level of proof you have.
  • The speed at which the courts deal with the case.
  • How long it takes your employer to respond to the claim.

The factors above can significantly affect the time it takes to settle your claim, and it generally takes between six to nine months to reach a settlement agreement.

Claim Time Limit

In the UK, you have three years from the date of your accident to make an injury at work claim. After the three years has expired, your accident may be considered time-barred, and it will be likely that you are no longer considered eligible to claim compensation for any injuries you may have sustained. However, there are some exceptions to the three-year deadline, and you must always discuss your case with an expert to be sure if you’re still eligible or not.

Your Work Injury Rights

There are many consequences when you experience a workplace accident, including extreme pain, loss of earnings, and the inability to enjoy life due to lasting or life-changing injuries. When you experience an injury in the workplace due to your employer’s negligence, it is essential that you understand your rights. Not only do you have the right to make a claim, but you also have job security as your employer cannot fire you or make your work life miserable for making a claim. Furthermore, you have the right to seek appropriate medical treatment for your injuries when the accident occurs and are entitled to Statutory Sick Pay during any time off you need in order to recover. Finally, if you are not 18 years old, the time limit for making a claim does not begin until you turn 18, which provides you with more time in order to make a claim.

Average Pay-Out For Claims

It is useful to have an idea of how much compensation you may be eligible for when making a compensation claim and what the average pay-out is. However, not every claim is the same, as every injury and the severity of the impact it has on a person’s life is different. Your claim specialists will be able to give you an estimate of what you can expect once they begin your case, as they will base their estimates on previous cases similar to yours and the level of evidence you have to support your claim.

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