UK Workplace Injury Compensation
UK Workplace Injury Compensation
In the UK, workplace injury compensation is frequently a delicate subject. Employees are not always keen to make claims for workplace injury compensation in the UK when it is felt that a claim against an employer may affect their future work prospects, or when they have developed a strong personal working relationship which they feel might be damaged by making a UK workplace injury compensation claim.
Inasmuch as most employers are genuinely distressed that their lack of care has caused an employee to sustain an injury, laws are in place to protect those who feel worried about making claims for UK workplace injury compensation for fear of retribution. Furthermore as workplace injury compensation settlements are paid by the employer´s public liability insurance company, an employer should feel no personal malice towards the claimant because of his or her financial loss.
Qualifying for UK Workplace Injury Compensation
In order to qualify for workplace injury compensation in the UK, it has to be shown that the victim has sustained a quantifiable injury due to an employer´s breach in their duty of care. The injury can be due to a traumatic physical accident such as when falling from a ladder on a construction site, developed over a period of time such as a repetitive strain injury, or be a psychological injury due to harassment, bullying or stress.
All employers owe a duty of care to their employees to provide them with a safe environment in which to work, primarily under the Health and Safety at Work Act 1974 and subsequent amendments. When an employer — either directly or indirectly — is negligent in maintaining that duty of care, and fails to protect his employee´s from injury, the employer becomes the liable party in a UK workplace injury compensation claim.
Making a Claim for UK Workplace Injury Compensation
Claims for UK Workplace Injury Compensation should always be made through a personal injury solicitor. A claimant attempting to make a claim themselves, with no knowledge of the law or idea about how much compensation they should be entitled to, runs the risk of being substantially undercompensated for their injury.
With a solicitor acting on the claimant´s behalf, the injured party can be sure that all the correct procedures have been followed and that they will receive their full entitlement of UK workplace injury compensation; and they can detached themselves from negotiations between their solicitor and the employer´s public liability insurance company to focus on making a recovery.
UK Workplace Injury Compensation and Third Party Capture
A further good reason for engaging the services of an experienced personal injury solicitor at the earliest possible opportunity is to avoid being trapped by “third party capture”. Third party capture occurs when the employer´s public liability insurance company approaches the injured party shortly after the employer has reported the injury to them. The insurance company will make an offer of settlement in lieu of a UK workplace injury compensation claim and put pressure on the injured party to accept it.
At a time when people are still recovering from the shock of being injured and unsure about their long term financial security, these offers — which favour the insurance company and often represent an inappropriate settlement — can be accepted in error and leave the victim with insufficient funds to provide medical care or insufficient income to replace their earnings if they are unable to work again. Once an insurance company´s settlement has been agreed, it is impossible to go back and ask for more if the original payment of workplace injury compensation proves to be inadequate.
How the Statute of Limitations Affects Workplace Injury Compensation in the UK
The Statute of Limitations is an enactment in the British legal system which limits the period of time one has to make a claim for workplace injury compensation in the UK to three years. The three years does not commence until the injured party has been diagnosed with an injury, so employees who have acquired a work-related injury over a period of time have three years in which to make a UK workplace injury compensation claim from the date on which they “know” they have been injured due to negligence in the workplace.
However, delaying a medical examination to put back the “Date of Knowledge” can have serious repercussions in respect of a claim for workplace injury compensation in the UK. If a potential claimant fails to seek medical treatment at the time they know they are injured (either physically or psychologically), an employer could claim that they contributed to their injuries due to their own lack of care, and any workplace injury compensation settlement would be reduced to take this into account.
How UK Workplace Injury Compensation is Affected by Contributory Negligence
There are other ways in which contributory negligence can affect the value of a UK workplace injury compensation claim — specifically if an employee is partly at fault for causing their injury. An example of this would be if they were operating a vibrating machine on which the timing mechanism was deliberately switched off by the employee, and they subsequently sustained a hand arm vibration syndrome injury (HAVS).
Although one might think that the employee´s injury was all their own fault, employers are responsible for training, supervising and monitoring the work activities and would still be liable in a UK workplace injury compensation claim. For the same reasons, accidents which are caused by the negligence of work colleagues are not classified as contributory negligence and also the responsibility of the employer — the exception being acts of criminal violence, in which case a solicitor would assist the victim with a personal injury claim against the Criminal Injuries Compensation Authority.
How UK Workplace Injury Compensation is Calculated
Taking the above into account, the total amount awarded for workplace injury compensation in the UK is calculated from four different sources.
- Compensation for Physical Pain and Suffering — General damages for physical pain and suffering is calculated depending on the nature and severity of the injury, the length of time it may take to heal and based on past awards of UK workplace injury compensation.
- Compensation for Loss of Amenity — If the injury has caused the victim to experience a deterioration in their quality of life, due to not being able to participate in day to day activities they enjoyed prior to their injury, they are entitled include a claim for loss of amenity.
- Compensation for Psychological Injury — As well as claiming UK workplace injury compensation for the emotion effects of harassment, bullying or stress, claimants are entitled to include compensation for psychological injury if they have suffered from Post Traumatic Stress Disorder as a result of their injury.
- Compensation for Financial Loss — Any financial expenses which are directly a result of sustaining an injury in the workplace can be claimed in a UK workplace injury compensation claim in the form of special damages. These can include the costs of treatment and rehabilitation, any loss of wages and the expenses of pursuing workplace injury compensation in the UK.
Due to the many different facets of a workplace injury compensation claim, no two claims are the same — even when the injuries sustained are identical. This is why you should always consult with a personal injury solicitor when you have been injured in a workplace accident, or sustained a work-related injury, for which you were not wholly to blame.
Free UK Workplace Injury Compensation Advice
If you, or somebody close to you, has sustained an injury or loss which you believe may be due to the negligence of your employer, you are invited to call our freephone injury claims advice service and discuss your entitlement to UK workplace injury compensation with an experienced solicitor. Our solicitor will be able to answer any questions you may have about making a workplace injury compensation claim, assess whether you have a claim which is worth your while to pursue and advise you about how much compensation you should be entitled to receive.
Our solicitors have more than two decades of experience in assisting clients with claims for workplace injury compensation in the UK, and will appreciate that you have recently experienced a shocking physical and emotional trauma. Consequently we will provide you with impartial and practical advice, free of legal jargon, and in a courteous and professional manner.
Please note there is no obligation on you to proceed with a workplace injury compensation claim once you have spoken with us, and all conversations between yourself and our solicitor are strictly confidential.
