Claiming for Your Rightful Compensation – Tips for Winning Your Accident at Work Claim
The following tips for winning your accident at work claim will help you navigate the legal process, gather evidence, and present a strong case to ensure you receive the compensation you deserve for your injuries.
We know all too well that if you have suffered injuries in an accident or injury while at work it can be a truly stressful and overwhelming time.
Not only have you been injured with all the worry that this involves but you may also have to deal with financial losses and the prospect of having to contend with a reduction in earnings as well as incur costs while you recover.
- On any assessment an accident or workplace injury can throw your life upside down and can be a time of real stress and challenges especially if you have suffered devastating injuries such as a head injury, crush injuries or multiple fractures.
- You might well want to claim compensation for a workplace injury if you think the injury or accident happened because safety regulations were breached resulting in your workplace accident.
- In the circumstances it’s important to try and remain focused so if you decide to pursue a personal injury claim you take the right steps so you give yourself the best chance of winning your claim ever.
- So we’re hoping the following tips for winning your accident at work claim will help you to see what’s needed when it comes to moving forward with your injury claim for compensation.
A Comprehensive Guide for Your Workplace Accident
- In this guide we will outline what we hope will be some helpful injury advice in relation to how to approach your claim and giving you some important tips that you can use to strengthen your accident at work claim.
- This advice will be based on our experience of winning work compensation claims over the past 20 years or so.
- It will involve providing practical insider tips for winning your accident at work claim that may well make the difference between winning or losing an injury compensation claim.
- Hold tight and we’ll get started on tips you can use when bringing your personal injury claim.
The Critical First Step: Documenting Your Accident and Injuries
The importance of documenting the workplace accident and your workplace injuries in an accident book as soon as possible cannot be underestimated.
- By reporting the accident this will ensure that there is a clear and accurate record of exactly what happened.
- Your formal account of what happened can be hugely important if there is a dispute in relation to the details of how the accident occurred, the injuries sustained or if there are differing accounts from any witnesses.
- It is also true that by formally reporting matters in an accident book your employer will immediately be under a duty to preserve evidence and investigate matters.
- As time goes on evidence can quickly disappear or be lost damaged or destroyed. If this happens this can have an obvious detrimental effect upon insurance company being able to reliably determine liability issues.
WARNING! Reporting Your Accident: Why Waiting Could Cost You Everything
There is no substitute for reporting the accident straightaway and for maximum compensation, making sure the accident report represents a detailed and accurate account of exactly what happened.
If an accident or serious injury is not reported or there’s been a failure to accurately report matters this can cause all manner of difficulties.
It may lead to unfair dismissal or accusations by the defendant’s insurers that the personal injury claim is not legitimate or even the claimant is not credible.
At the very least questions will be asked about any failure to report the incident properly or at all and the onus will be on the Claimant to provide convincing reasons for not doing so.
There are ways of getting around these challenges and an experienced, workplace injury or accident solicitor will be able to look at all the evidence and weigh up all the evidence and merits of bringing a claim.
Uncovering the Truth: How Your Solicitor should Assess Your Accident at Work Claim
Your solicitor will want to carefully investigate matters with a view to establishing if your employer is legally held responsible for your work accident injuries.
- The work claims process involves your solicitor pressing the employer’s insurers to release all the correct information and documents so that a full and detailed assessment can be made.
- This approach will hopefully help to fill in any gaps and identify any conflicting accounts that might need to be addressed initially before proceeding with a claim.
- Much better for your solicitor to know about any weaknesses or inconsistencies at the beginning rather than further down the line when it may be too late to repair any damage.
- An important step where the circumstances of the accident are in dispute is to interview as many witnesses as possible and obtain witness statements which will hopefully support the personal injury claim and produce a winning result.
- You can claim compensation for all sorts of different circumstances but rule one is to ensure that the accident at work is properly and accurately reported.
Why Seeking Medical Help Could Be the Key to Winning Your Work Accident Case
As well as acting as quickly as possible to formally report the accident it is also very important that you consult a doctor immediately to receive medical attention right away.
Clearly this will be the case in any serious injury or any event where there are severe injuries but on occasions injuries may not appear in the immediate aftermath of head injury and it may take some time for you to appreciate the effect of the accident on your physical and mental health.
By receiving the necessary medical treatment and having the nature and extent of the injuries documented in your records you will receive an early diagnosis and medical treatments. Furthermore this will help to prove exactly what injuries the accident caused.
We know as practitioners in this field there can be disputes over employment law that arise based on whether any injuries were sustained in the working environment or workplace accidents.
These arguments rear their head because the injuries were either not reported at all or there was a delay in formally reporting matters until sometime after the accident.
Sometimes it is claimed by insurers that the entries in the Claimant’s medical records are not consistent with the records held at work. The insurers will do their best to exploit any inconsistencies and the clear message to the Claimant is to make sure that all records are accurate and complete.
Why Ignoring Your Work Accident Symptoms Could be a Costly Mistake
It is also worth mentioning that if you are continuing to suffer with symptoms further down the line then it is important to make sure you carry on seeking out medical attention and advice:
- In this way your medical records will reflect the fact you are continuing to suffer. If the injured person fails to seek further medical attention when they have ongoing symptoms this can give a misleading impression and undermine the value of your claim.
- If you do not attend your doctors for advice and medical treatment then there will be a presumption from the other side and probably the court too that you had made a full recovery around the time of the last visit to see your doctor.
Who’s at Fault? Navigating the Issue of Liability in Your Work Accident Compensation Claim
It is essential to be able to have a grasp of the issue of liability when dealing with the personal injury claim process.
The Proof is in the Pudding – What do You Need to Win Your Claim?
To succeed with your accident work claim and to give yourself the best chances of success then it’s a good idea to gather as much evidence as you can to support your claim and show your employer failed to take reasonable care.
- It goes without saying that having the right evidence can make the difference between winning or losing your personal injury compensation claim.
- Evidence is the foundation of any personal injury claim and knowing exactly what evidence you need to win a particular personal injury claim comes down to the knowledge, expertise and experience of your solicitor.
- Your solicitor will be able to advise you in relation to the kind of evidence that is required and how much evidence is enough and if necessary how to obtain the evidence which is required to win the arguments.
What do I need to Prove My Accident at Work Claim?
• Official recording of your accident in the company’s accident book.
• Medical documentation to show the treatment you received afterwards.
• Medical assessment by an independent expert commenting upon your injuries.
• Photographs or videos or CCTV of the accident scene showing the safety risk.
• Statements from witnesses to corroborate your account.
• Your medical records will need to be obtained in most situations so that an independent expert can be instructed to comment in relation to these and the question of causation (the effect of the accident upon you).
• Employment records such as occupational health records if necessary and earnings details if there is a loss of earnings claim.
• Documents from Health and safety executive (HSE) if the HSE has been involved.
• Liability documents from your employer such as inspection reports, maintenance records for poorly maintained equipment, risk assessments, relevant previous accidents, training records to name but a few.
Once all the necessary evidence has been obtained and your solicitor is satisfied your claim has merits your solicitor can begin court proceedings if no satisfactory offer is forthcoming.
Gathering together all the relevant evidence is where your solicitor is going prove his worth. The process may well seem incredibly daunting for you but for an experienced solicitor they will know what exactly what documents are likely to be in existence and crucially be in a position to press the insurer for these documents if they are missing.
It’s true to say that sometimes defendants insurers will make mistakes and failed to disclose all relevant documents and it is for your solicitor to make sure that every single piece of discoverable evidence is made available.
After all it only takes one tiny shred of evidence or a single document that can sway the outcome of a particular claim for compensation 🙂
It’s also worth bearing in mind that accident at work claims rarely make it all the way to a final court hearing so in all likelihood your solicitor has assessed your claim and issued proceedings there will be a settlement around the corner.
Finding the Right Legal Representation for Your Accident at Work Claim
The right lawyer will bring you real benefit when it comes to winning your accident at work compensation claim.
- First and foremost if you choose an experienced accident at work solicitor this could make a major difference to the outcome of your claim.
- An experienced accident at work solicitor provide you with expert legal advice and guidance throughout your injury compensation claim. They can also help you to navigate what can be a complicated legal process to ensure that your rights are protected and where ever possible you are awarded compensation.
- For instance in terms of proving liability an experienced solicitor will make sure that you gather together all the available evidence so statements from all the relevant parties and witnesses are obtained as well as important documentary evidence which can be crucial.
- With the legal expertise of an experienced solicitor it will be possible for an authoritative assessment to be carried out in relation to fundamental questions. For example whether your employer has breached its duty of care and is legally responsible for your injuries and whether there are any issues relating to causation.
- Your solicitor will also be able to access the right medical experts so that you can attend medical appointments with a view obtaining all the necessary medical evidence to support your claim together with any rehabilitation to facilitate your recovery.
- Following on from this once the medical evidence is to hand your solicitor will be in a position to advise in relation to how much injury compensation your claim is worth.
- If the issue of liability has been resolved then your experienced solicitor will be in a position to negotiate fair settlement with insurers on your behalf. This is also an important part of the personal injury claims process and tactics can be very important when looking for the best possible settlement. If you have instructed accident work solicitors that have the right knowledge of the law and are accustomed to negotiating hard then this all points to you receiving a very good settlement in your favour.
- Finally it goes without saying that not only should your solicitor be using all their personal injury experience to lead to the best possible result but it’s important your solicitor provides you with all the emotional help and support that you need take you through the legal process.
- In the absence of a sympathetic approach the whole personal injury claims process is going to be even more challenging and stressful leading to the claimant feeling isolated and unsupported.
- It is so important that your solicitor adopts a sympathetic and supportive approach and that you always feel as though there is compassion and empathy as well as understanding and sensitivity.
What factors should You consider when choosing an Accident at Work Solicitor?
If you are searching for the right legal representation to claim compensation for work accidents then it’s crucial to know if a lawyer is a good fit for your needs. Here are some factors to consider to keep you on track for your work injury claim:
Experience in the Field is Crucial. How many years post qualification has your personal injury claims solicitor got? Have they specialised in personal injury claims all the career? Ideally you need to find a lawyer who has handled many complex cases, such as yours previously.
Reputation? A particular lawyers or firm’s reputation is another important factor to consider. Look for online reviews and testimonials from previous personal injury clients to find out the extent to which they have carried out good work previously. If the reviews are not substantially favourable then he may well be best advised to look again.
Communication? Any legal matter requires good communication with the client. Have you found a lawyer who is going to be responsive and will communicate clearly and regularly with you? Again online reviews can reveal if there is an issue with communication and keeping the client informed of what is going on.
Fees? Need to be very clear about what fee structure is in place and exactly what costs incurred you might be liable for if you win or if you lose. A good solicitor will make sure that everything is explained clearly and that you understand if and in what circumstances any fees will be charged.
Personal rapport? No one wants to Someone who is on a different wave length and it’s important to be treated as an individual not a file number like in some law firms. Make sure you speak with the solicitor who is going to deal with your personal injury claim, so that you can make a proper assessment about their abilities. How do they come across? Do they sound friendly and are you comfortable that they have the right experience? Can they tell you how much compensation your claim is worth? The timescale for any final settlement and can they give expert advice about all aspects of bringing a work injury compensation claim?
In the end you should look for a solicitor who you feel is listening to your concerns and who is going to take the time and trouble to help you through the compensation process in a sympathetic way.
Stay on Track: Tips for Staying Focused while bringing Your Workplace Injury Claim
It’s important that during the process you keep closely in touch with your solicitor so that you can give instructions and providing information that is required.
If you are the sort of person who responds quickly to requests then this will speed up the claims process, and keep up the pressure on the defendant’s insurance company. If there are delays and your solicitor has to repeatedly contact you for instructions then clearly this will slow matters down and may well have an adverse impact on your final result.
On occasions some clients are tempted to try to deal with the defendants insurers directly which we certainly would not recommend. There are so many ways a personal injury claim can be prejudiced and there is no substitute for seeking early expert legal advice to ensure a fair settlement. If the defendants insurers are wanting a signed document from a personal injury claimant bringing a claim directly this is definitely a red flag and specialist advice from an independent personal injury solicitor should be sought before committing yourself.
In a similar vein what if your own solicitor passes you a document which you are requested to sign with time limits but you do not understand exactly what document is for or what it means? Then of course you should always seek legal advice and further clarification from your solicitor before signing and returning the document.
Get the Compensation You Deserve – How Can We Help?
- Our team of experienced accident at work solicitors are here to guide and help you with any queries that you may have about your injuries or any aspect of your personal injury claim.
- With our expert support you can focus on your recovery while we take care of the legal process arising out of your personal injury claim.
- Contact us today to discuss the circumstances of your accident at work claim and so we can answer your personal injury questions and decide whether we are able to take matters further for you and recover the compensation and justice you deserve 🙂
Meet the Author
Chris Carter is the founder and Director of Carter & Carter Solicitors, a leading Personal Injury Law firm based in the UK.
With over 30 years of experience in the field of personal injury claims and litigation Chris has become a trusted expert in his industry.
Throughout his career, Chris has remained dedicated to helping work injury victims claim compensation for personal injury and has a long and proven track record of success using all his experience to win claims and secure compensation on occasions for devastating injuries and on the best terms.
Chris’ passion for helping others claim compensation is evident in every claim he and C&C Solicitors handle. He and his team go above and beyond to ensure their personal injury clients receive the support and guidance they need during what can be a difficult time.
To learn more about Chris and the team at C&C Solicitors, and the personal injury claims services they offer, please visit www.candcsolicitors.co.uk/about-us/
Carter & Carter Solicitors
Hear a few words from one of our happy clients
“Mrs Hudson suffered injuries after falling through an open man hole cover. Our opponents fought the claim but despite trying to resist our arguments in relation to liability they eventually saw the error of their ways. Our client said to us: "David Healey of Carter and Carter Solicitors dealt with my claim quickly and efficiently and made the whole procedure very easy. I would recommend them to any friends."
Mrs Barbara Hudson from Blackpool