Accident claims in the workplace
Accidents in the workplace are all too common in today’s work places, yet many people may avoid claiming compensation against their employer. The reasons seem obvious as to why people avoid claiming against their employer, many are scared of losing their job in the long run or in some cases letting a friendship with an employer get in the way of what you deserve.
If you are planning to claim compensation there are a couple of things to remember. Firstly there is a time limit; you must make your claim within 3 years after the incident took place. There are only two exceptions to this rule, the first being if you where under the age of 18 when the accident happens. If this is the case then the 3 year rule will kick in after the person has turned 18.
The second exception is if you do not realise that you have been injured or taken ill at the time of the accident taking place. The best example of this is people who had been exposed to asbestos in the work place but didn’t realise this till many years after.
There are a couple of things to try and remember before going to see a solicitor after a accident has taken place. It is important to get as many details of the accident and the events leading up to and after the accident.
Try to take photographs of where the accident took place in the workplace; this also could be a good opportunity to highlight if the workplace is especially unsafe.
More often than not if you are claim against your employer you will be claiming for any loss of earnings that you may have incurred, alongside this you also may be able to claim for earning lost due to a partner or family member having to act as carer during your time off.
To help your solicitor when making the claim keeps a record of all the losses you have incurred because of the injury or illness. Keeping a diary of is the best way to keep track of what you have lost due to your injury.
If you feel you have enough to make a claim against your employer, then you are ready to find a solicitor to take on your case. It is extremely easy to get tempted in by the endless stream of no win no fee companies that are out there. The Citizens advise bureau states that more often than not people are subjected to high pressure sale tactics by unqualified salesmen introducing them to the legal system. Alongside this consumers can be led to believe that they are really being offered a no win no fee deal, where as in fact there may be hidden costs that the consumer wasn’t made fully aware of.
The best idea is to do your research on any perspective lawyer that you may consider using, if possible get friend or family recommendations. In truth any lawyer worth his salt will only take on worthwhile claims and will more than likely be honest with you if he or she thinks you don’t have a good enough case.
Tread carefully when claiming against your employer but if you believe that you are entitled to compensation then there is absolutely no reason why you should feel guilty about claiming against your employer.
Updated on 23/06/2008