Accident At Work Claim Specialists

There are subtle differences initially concerning the amount of time that the Defendant has to respond to your claim, but on the whole, they will be pretty similar. You will need evidence to support both claims and to prove that the accident happened, that it was the fault of the Defendant and that it caused you injury and loss. 

The main problem that can occur with accidents in a public place is that the Defendant does not by law have to have insurance, and this can mean there is no one to pay you compensation. Most people are unaware that places such as restaurants, takeaways, and shops do not, by law, have to have public liability insurance. The difference with accidents at work claims is that it is a legal requirement to have employers’ liability insurance.

You have three years to bring an accident at work claim. However, pursuing claims can be more difficult if they are not started until close to the three-year deadline. This can include issues with obtaining insurance to cover the claim and problems arising due to documents or information being lost over time. It is usually best to start a claim as soon as possible, ideally within two and a half years of the accident.

Ensure the accident is reported to your employer and an accident report is completed. If an accident book is finished, ensure that you read through what has been written and that it is correct before signing any document and requesting a copy of the report. Keep a copy if you report your accident to your employer via email. If possible, take photographs of the accident scene and details of any witnesses.

The value of your injury claim will depend upon the injuries that you have sustained and any additional financial losses caused by those injuries. To be able to value your claim, your solicitor will arrange an appointment for you with an independent medical expert who will provide a report detailing the injuries that you sustained in your accident. They will also assemble a schedule of any additional financial losses (such as loss of earnings). Once all of this evidence is complete, we can give you an accurate estimate of the value of your claim.

In most cases, once you have provided us with details of your accident and the injuries you have sustained, we can submit details of your accident claim directly to your employer’s insurers via an online claims portal. The insurers will then have a period to investigate and decide whether to accept or deny liability for your accident. The procedure is slightly different for claims that are more complex or involve serious injury, but your specialist solicitor will provide more detailed advice.

The compensation will be paid by the insurers of the company or person found to be at fault. This may be your direct employer, the owners of the premises where you were working, or, for construction site accidents, the project’s main contractors.

The time it takes for a claim to settle varies from case to case. It is affected by how the claim develops (for example, whether the defendants accept or deny liability) and the injuries sustained (for example, whether multiple medical reports are needed or if you need ongoing treatment for your injuries). For straightforward claims where the defendants admit liability, we hope to settle cases within 12 months; however, the settlement period can be longer or shorter due to factors outside our control.

If a defendant has accepted responsibility for your accident, we will work with the defendant’s insurers in the claims process to obtain any treatment you require.  This will be done under a voluntary Rehabilitation Code.  The first step will usually be for an immediate needs assessment to identify what help and assistance is required to help you recover. Funding is then secured so that this help and assistance is provided.  If a medical expert recommends any treatment, we will ensure the defendants pay for this.

You can claim for most accidents in any work setting, but those we specialise in include accidents at building sites, factories or warehouses, carer and care provider claims, and claims for industrial diseases.

For building site accidents, whether you are employed by the company controlling the works or are working on site as an independent contractor, a scaffolder, or providing materials or other services, if you are injured whilst working on site, you should have the right to claim compensation. 

In the case of factory or warehouse incidents, if your injuries are due to a failure in factory equipment, a failure to provide proper safety equipment, or a failure to train colleagues, resulting in them causing injury to others, you are likely to be entitled to compensation for injuries and losses.

Similarly, if you have suffered an injury while working as a care provider in any environment, our specialist solicitors can provide expert advice on proceeding with a claim.

Lastly, if you suffer from a work-related illness, we are here to help. Tinsdills Solicitors can help you claim compensation for Industrial Disease.

Any employer has a duty of care for you, their employee. As a result of the Health & Safety at Work Act, they are obligated to shield you from any possible health risks in your workplace.