There is no fixed sum for a workplace accident claim. Although there are guidelines and recommendations in place for compensation of this sort, ultimately each case must be assessed on its own merits.
Each injury must be evaluated and the circumstances under which it took place must be investigated. Only when all the facts have been put in place and it has been decided just how an injury or illness will impact on the victim's life, can any financial decision be made. Of course, a good workplace accident solicitor will be able to provide you with an educated guess as to how much compensation you could expect to receive, based on guidelines set out for them. As the facts of the accident are uncovered and liability is apportioned, they may be able to make more specific predictions for you.
There are a number of factors that can decide the amount a payout will take. These factors are part of the process of taking out a claim against your employer and they are designed to decide how much, if any, liability the employer will be held accountable for. Employers have a number of responsibilities to their employees which are set out by the Health and Safety Executive. These responsibilities are a legal obligation and include a number of rulings, such as providing the correct safety equipment, ensuring that staff are adequately trained and carrying out a risk assessment of the work environment.
If you suffer an accident and believe it to be as a result of employer negligence, then you should follow a recommended procedure. Following these steps could impact positively on your compensation claim and the amount you are awarded, in the event that a settlement is awarded.
Initially, if possible, you should report the accident to your supervisor, the workplace Health and Safety Representative and your union representative. The accident should be entered into an Accident Book and you will be asked to sign a statement, recording the details of the accident; you should only sign it if you are satisfied that all the details are correct.
On receiving medical attention, you should describe all of your injuries to ensure that they are recorded on your medical records. In addition, you will be asked to fill in an Accident Questionnaire and aid the supervisor in investigating the accident; the closer to the event that you can do this, the more accurate your recollection is likely to be and the quicker your employer can remove the threat from your colleagues.
If you are likely to be absent from work for more than three days, you must report this to employer. As a result, he is legally obliged to report the incident to the HSE, who will conduct their own investigation. During your absence, it is a wise idea to keep a record of all psychological and physical symptoms you experience as a result of your accident, as well of any expenses you incur during that time. All these records can only help to support your claim and your solicitor can refer to them as evidence in the event that your employer denies liability.
It may not always be convenient, but the more information you can give to your solicitor, the greater the chances are of your claim being successful and being awarded an appropriate settlement.
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Visit Work Accident Solicitors if you have been Injured At Work.
Read our free Work Accidents Guide to discover everything you need to know about making a Work Accident Claim.
Nick Jervis is a solicitor (non-practising) and a consultant to Work Accident Solicitors who specialise in Work Accident Claims.
Disclaimer: All information on this site is provided for informational purposes only! By no means is any
information presented herein intended to substitute for the advice provided to you by any health care or other professional
or organization.
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