A work accident claim is a means for collecting damages if a worker has been injured by the wrongdoing or negligent act of his employer. Work accident claims can include physical damage such as pain and suffering, disabilities, whether long term or short term, or wrongful death.
In addition, they may also include psychological injury such as anxiety, depression, emotional distress or post traumatic stress disorder. In the UK, such kinds of compensation claims have been designed so that innocent victims of work accidents can recoup monetary losses that incurred due to their injury. Even if the injury sustained is minor, making a workplace accident claim can help the victim recover substantial financial compensation. On the other hand, if damage has been caused due to extreme negligence, the work accident claim may also include punitive damages.
Seeking legal advice is extremely important for any person who is looking to make a work accident claim. For a work accident claim, it is possible to appoint a lawyer who will provide legal representation on a risk free no win no fee basis.
Time To Make A Claim
The time limit for making a claim depends on the type of claim you have. However, for a work accident claim, the claimant gets a period of three years to start a claim.
The Damages Formula
The level of compensation that you receive will depend on several factors. Depending on the severity of the injury, you will recover compensation for the pain and suffering you have been through. In addition, if you have suffered financial losses, then the total amount will be added up. However, recovering compensation for financial losses is only possible if you are able to prove your losses. This means you will need to retain receipts and invoices of your losses so the total amount can be summed up.
When an injury has been sustained at work due to no fault, it is highly likely that you will receive settlement offers from your employer's insurance company. Although you may think that early settlement is beneficial, it is not. This is because they will never offer compensation that is fair. They will try to settle the claim for minimum compensation. If you agree to this early settlement, you won't be able to go back and ask for more money when you realise that you have under settled your claim. For example, if you settle your claim while you are still recovering, you will not have any idea as to how much future medical treatment is going to cost. So if you require ongoing treatment in the future, it is you who will have to bear the cost of your treatment. If you wait till you make full recovery or if you get your case assessed by an experienced work injury lawyer, you will have an idea of how much compensation is fair compensation.