Accidents in the Workplace
Every employer has a duty of care toward their employees and
hence the law states that they must carry accident liability
insurance. However accidents can and do happen in the workplace
but providing that they were not your fault you may be entitled
to compensation.
If you have sustained such a personal injury you may be able to
claim two types of compensation, general damages and special
damages.
General damages are paid as compensation for an injury, for
example, a payment for pain and suffering or loss of future
earnings. The court will decide on the amount to be paid if a
negotiated settlement cannot be achieved.
Special damages are paid as compensation for actual financial
loss caused by the accident up to the date of the hearing. These
can include damage to clothing or other belongings, the costs of
care, travel costs to hospital, medical expenses (including the
cost of private treatment), loss of wages and the cost of hiring
and/or repairing a car if it has been damaged in the accident.
If a court decides that you were partly to blame for the
accident, it may reduce the amount of damages you receive. An
example of this would be if you were not wearing a seat belt
when you were involved in a traffic accident and this caused or
worsened your injuries.
If you have been receiving certain social security benefits
because of an accident in which you sustained a personal injury,
these may have to be paid back by the defendant.
The rules about deduction from benefits are complex and if you
think you may be affected you should seek specialist advice from
an experienced adviser, for example, a Law Society approved
Personal Injury solicitor.
If you want to take legal action to claim compensation you
should get advice from a specialist solicitor. This must be done
as soon as possible as there are strict time limits on taking
legal action.
There are different time limits within which you must begin
legal action. The most common claim in a personal injury case is
negligence and the time limit for this is three years. This
means that court proceedings must be issued within three years
of you first being aware that you have suffered an injury. These
time limits do not apply for persons under a disability or
minors (children under 18 years).
Legal action for compensation for a personal injury can be
expensive, however you may be able to get help with legal costs
from, for example:
-
a conditional fee agreement (No Win No Fee)
-
trades unions or other membership organisations such as the
AA or RAC
-
an insurance policy. Many house contents policies, car
insurance or travel insurance policies have
legal expenses cover attached
A conditional fee agreement means that if you lose you will not
have to pay your solicitor but may have to pay the other side’s
costs. Your solicitor can advise you about an appropriate
insurance policy to protect you against this risk. If you win
your case, the vast majority if not all of your costs will be
paid by the defendant. You will need to agree with your
solicitor at the outset of the claim what if any deductions will
be made from your compensation. Here at Glaisyers we will be
happy to provide you with full detailed advice about potential
costs of the case win or lose.
At Glaisyers, our personal injury solicitors have a thorough
knowledge and extensive experience of dealing with accidents at
work. We also specialise in industrial disease claims having
successfully handled asbestos, vibration white finger and noise
induced hearing loss claims.
Claire Burns - Personal Injury Partner
Member of the Law Society’s Personal Injury Panel
Member of the Association of Personal Injury Lawyers (Senior
Litigator and Member of the Occupational Health Group)
Glaisyers solicitors
T: 0121 233 2971
E:
claireburns@glaisyers.co.uk
