Suffering from an accident at work which leaves you with lasting damages can have a knock on effect, not only on your finances but also on your mental health and well being. Claiming for compensation may be on your mind and you are wondering how much you will be entitled to.
A claim must be made within three years from the date of the accident and can take from three months to two years to settle. The length of time will vary for each case.
Firstly, many people believe they can only claim compensation if they are a permanent member of staff. This is not the case. The law covers every profession and includes those that are
- On a temporary contract.
- Agency workers.
- Those still on probationary.
There are specific laws in place that state that an employer must ensure that their staff members are safe and protected at all times. An employer must –
- Provide an induction to all new employees
- Provide adequate training
- Ensure that all members of staff have access to the correct Personal Safety and Protective Equipment (PPE).
- They must maintain all machines and equipment used on site.
- They must keep the correct staffing levels, ensuring that adequate break times are given.
- They must ensure that they have First Aid trained members of staff.
- They must act on any reports of potentially dangerous or faulty equipment.
When an employer fails to meet this criteria and an accident follows, they are liable and you are legally able to make a claim for compensation. In some cases, where you are partly to blame for the accident, you are still able to seek compensation. For example, if the accident was your fault but you were not provided with the correct protective equipment.
How much money should you expect to receive?
There is no set amount of compensation for accidents and injuries. When you are awarded compensation there are two categories that are taken into account
- General Damages – This is an amount of money to compensate you for your pain and suffering. This can be physical or psychological pain.
- Special Damages – This is a separate amount of money to compensate you for any expenses that you have incurred since the accident, loss of earnings and any ongoing care needs that you have.
As everyone’s circumstances, injuries and prognosis will be different, each case is treated on its own merits. Certain points will be taken into account when deciding how much compensation you should be awarded –
- The severity of your injury.
- Whether or not you were partly responsible for the accident.
- Any expenses you have incurred.
- The amount of earnings you have lost.
- Adaptations you have needed to be made to your house or vehicle.
- Any rehabilitation or support that you need.
- Your prognosis and future care needs.
A claim must be made within three years from the date of the accident and can take from three months to two years to settle. The length of time will vary for each case. If your employer admits responsibility for the accident you will be able to apply for Interim Compensation payments to help you cover your immediate costs for your care needs.
Although your Solicitor or a Person Injury Claims Specialist will not be able to guarantee that you will win your case or be able to tell you how much compensation you will be awarded, they should be your first point of contact when deciding whether to raise a claim. With their expert knowledge they will be able to tell you whether you have a solid case and also be able to guide you through the whole process.