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Accident At Work: Key Steps To Claiming Compensation
A guide to making a compensation claim for personal injury following an accident at work -- using the law in England and Wales as an example you will discover everything you need to know to make a claim including: what types of compensation you can claim, how to show your employer is responsible for your claim and how to get your questions answered by an expert online.
What is a claim for compensation following an accident at work?
If you suffer personal injury as a result of an accident at work -- you may find that you are entitled to claim compensation from your employer.
The compensation you can claim is made up of four key elements:
1. Pain and suffering
The physical or psychological injuries you suffer cause pain and suffering -- for which you are entitled to compensation.
2. Financial loss
As a result of your injury you are likely to have an actual monetary loss and expenses -- such as lost income, medical expenses, travel expenses to the hospital or your GP, etc. You are entitled to claim compensation for these losses.
You are entitled to claim interest on the above two types of loss. The interest rate varies on the type of loss you have suffered.
4. Legal expenses
Your legal expenses are not really classed as compensation, but in many countries you can also claim your legal costs in claiming compensation. In England and Wales, for example, you can claim your legal costs so long as your personal injury is worth over £1000.
How do you know if your employer is responsible for your accident at work claim?
You should leave proving responsibility for your accident at work claim to a specialist solicitor.
You might be surprised to learn that your solicitor can access records your employer must keep by law concerning your accident including:
1. Accident book entries
Describing not only your accident, but other similar accidents at work to other employees.
Investigations made by your employer and meetings concerning how your accident happened.
3. Health and Safety Executive reports
If you are absent from work for over three days as a result of an accident at work or have a serious injury - your employer must report your accident circumstances to the Health and Safety Executive (HSE). The HSE will often investigate your accident circumstances and documents will be produced as to their findings.
There are many more documents your lawyer has the right to see and these can all be used to show your employer was responsible for accident.
Will your employer be insured for your accident at work?
"Yes" -- your employer is required by law to have in place suitable employee insurance which will pay your compensation in the event of an accident.
How long do you have to make a compensation claim for your accident at work?
You have three years from the date of your accident to make a claim for compensation.
There are some exceptions to this rule. If it is more than three years from your accident it might not be too late to make a claim - but you must act quickly and seek expert legal advice.
Who should you contact if you are considering making a claim?
You should contact a specialist personal injury lawyer if you think you might have a claim for compensation.
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