Claim Compensation For Loss of Eye At Work
Every year, numerous workers across the UK suffer from workplace accidents that result in serious eye injuries, some leading to the partial or complete loss of vision. Such injuries not only cause significant personal trauma and a profound impact on an individual’s quality of life but also raise complex legal and compensation issues.
Losing an eye can permanently alter a person’s life, affecting their ability to work, engage in social activities, and perform daily tasks. The emotional and psychological toll can be as substantial as the physical impairment. For those affected, understanding the legal avenues for compensation is crucial to secure the necessary financial support and rehabilitation services.
We offer free initial advice for handling for loss of eye at workplace. When it comes to take on accident at work cases, we can offer a No Win, No Fee service. This means you don’t have to pay us anything if we won’t be able to secure compensation for you.
What is UK law about loss of eye at workplace?
In the UK, workplace health and safety and the compensation for injuries like the loss of an eye are governed by several key pieces of legislation and regulations. Here’s a breakdown of the most relevant laws and what they imply for both employers and employees:
Health and Safety at Work Act 1974
This foundational law requires employers to ensure, as far as is reasonably practicable, the health, safety, and welfare of all their employees at work. This includes providing a safe working environment and appropriate training, as well as necessary personal protective equipment (PPE), which is particularly relevant to preventing eye injuries.
The Management of Health and Safety at Work Regulations 1999
These regulations require employers to carry out risk assessments and implement effective measures to manage those risks. For risks related to eye injuries, this might involve ensuring that adequate safety measures, like providing safety goggles or implementing machine guards, are in place.
The Workplace (Health, Safety and Welfare) Regulations 1992
This set of regulations covers a wide range of basic health, safety, and welfare issues and ensures that workplaces meet the health, safety, and welfare needs of all members of a workforce, including considerations for eye safety.
The Personal Protective Equipment at Work Regulations 1992
This specific regulation requires employers to provide appropriate personal protective equipment (PPE) to employees who may be exposed to a risk to their health or safety while at work. In environments where there is a risk of eye injuries, suitable protection like goggles or face shields must be provided.
Compensation and Claims
If an employee suffers the loss of an eye due to an accident at work or through an occupational disease, they may be entitled to claim compensation under:
- Workers’ Compensation: This is typically handled through the employer’s liability insurance. Workers’ compensation can help cover medical expenses and lost wages resulting from the injury.
- Personal Injury Claim: If negligence can be proven, the injured worker might pursue a personal injury claim against the employer. This could potentially cover more comprehensive damages, including pain and suffering, loss of future earnings, and more.
Reporting and Documentation
Under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (RIDDOR) 2013, employers must report serious work-related accidents, diseases, and dangerous occurrences. The loss of an eye would be reportable under these regulations. Accurate reporting and documentation are crucial for compliance with the law and can support a claim for compensation.
Why there are so many eye related injuries at workplaces?
The occurrence of eye injuries, including those leading to the loss of an eye at workplaces in the UK, can be attributed to several factors, which often overlap in industrial and construction settings. Here are some of the main reasons why these injuries are relatively common:
- Lack of Proper Protection: One of the primary causes of workplace eye injuries is the lack of adequate personal protective equipment (PPE). In many cases, either the protective equipment is not provided at all, is not suitable for the task, or workers are not trained on its importance and correct use.
- Exposure to Hazardous Materials: Many industries involve exposure to chemicals, particles, or flying debris. For instance, in manufacturing or chemical processing, splashes and explosive reactions can project hazardous materials into the air. Without proper eye protection, such as goggles or face shields, workers are vulnerable to serious injuries.
- Improper Safety Practices and Training: Insufficient training on workplace safety practices can lead to accidents. Workers may not be fully aware of the potential risks or may not know the correct procedures for handling equipment safely, contributing to higher incidences of accidents.
- Non-Compliance with Safety Regulations: While the UK has strict regulations governing workplace safety, non-compliance is still an issue in some sectors. This might be due to oversight, cost-cutting measures, or lack of enforcement, leading to unsafe working conditions.
- Use of Machinery and Tools: Many eye injuries occur from the use of power tools and machinery that can eject particles, shards, or dust at high velocities. Woodworking, metalworking, and construction are particularly high-risk sectors.
- Poor Workplace Environment Conditions: Inadequate lighting and cluttered or unorganized workspaces can also contribute to accidents, including those affecting the eyes. Poor lighting may cause workers to misjudge the safety of their surroundings, leading to mistakes and injuries.
- Lack of Regular Risk Assessments: Employers are required to conduct regular risk assessments to identify potential hazards and implement appropriate safety measures. Failure to regularly review and address hazards can leave risks unmanaged.
Preventive Measures For Eye Related Injuries at Workplace
To reduce the risk of eye injuries in the workplace, employers should ensure the implementation of the following measures:
- Provision of Appropriate Eye Protection: Supplying suitable eye protection equipment and ensuring it is used correctly and consistently.
- Regular Training and Awareness Programs: Conducting training sessions to raise awareness about the risks and the importance of using protective equipment.
- Enforcement of Safety Protocols: Strictly enforcing safety measures and holding regular safety audits.
- Proper Lighting and Clean Workspaces: Maintaining adequate lighting and organized workspaces to prevent accidents.
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How Can I Claim Loss of Eye at Workplace?
Claiming compensation for the loss of an eye at the workplace in the UK involves navigating several legal avenues, primarily through workers’ compensation (often referred to as employer’s liability insurance) or through a personal injury claim. Here’s a step-by-step guide on how to proceed:
Step 1: Seek Immediate Medical Attention
First and foremost, receive appropriate medical treatment for your injury. Not only is this critical for your health, but medical records will also serve as vital evidence in your claim.
Step 2: Report the Injury
Notify your employer about the injury as soon as possible. Employers are required to record significant work-related injuries, and this will formally document the incident. In the UK, under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR), employers must also report serious injuries to the Health and Safety Executive (HSE).
Step 3: Document Everything
Keep detailed records of everything related to your injury and its aftermath:
- Detailed notes of the accident and how it happened.
- Names and statements of any witnesses.
- All medical reports and treatments.
- Records of any work missed and financial losses incurred.
- Correspondences with your employer and insurance companies.
Step 4: Understand Your Legal Rights
Research your rights under UK employment law. This might involve reading up on the Health and Safety at Work Act 1974, The Management of Health and Safety at Work Regulations 1999, and other relevant laws, or you might find it beneficial to skip directly to consulting a solicitor.
Step 5: Consult a Solicitor
Contact a solicitor who specializes in workplace injury claims. We can also offer expert advice, evaluate the strength of your case, and guide you through the legal process.We can help determine whether you should file a claim under your employer’s liability insurance for workers’ compensation or pursue a personal injury claim if negligence is involved.
Step 6: Consider Your Claim Options
- Workers’ Compensation Claim: If you are claiming through workers’ compensation, you won’t need to prove negligence. Compensation generally covers medical expenses and a portion of your earnings lost due to your injury.
- Personal Injury Claim: If you pursue a personal injury lawsuit, you will need to prove that your employer was negligent in failing to provide a safe working environment. This can potentially offer a larger payout, covering pain and suffering, loss of future earnings, and more.
Step 7: File the Claim
We can help you prepare all necessary documentation and represent you in negotiations with insurers or in court if necessary. Ensure all claims are filed within the statutory time limits—generally, you have three years from the date of the accident to make a personal injury claim.
How Much You Can Claim For Loss of Eye at Work?
The compensation for the loss of an eye at work in the UK can vary significantly depending on several factors, including the severity of the injury, the impact on your ability to work, and the specifics of your case. Compensation amounts are generally determined based on the loss itself, associated costs, and the broader implications on your life.
Types of Damages
- General Damages: This covers the pain and suffering caused by the injury itself and the loss of amenity, which refers to the impact on your quality of life.
- Special Damages: This includes past and future financial losses, such as medical expenses, travel costs to and from medical appointments, lost earnings, and potential future earnings if your ability to work is impacted.
Compensation Ranges
In the UK, compensation for the loss of an eye typically falls within established guidelines used by solicitors and the courts to assess the value of a claim:
- Total loss of one eye: Compensation can range from approximately £51,460 to £61,690.
- Serious but incomplete loss of vision in one eye: Depending on the extent of vision impairment and additional problems like double vision, the compensation might range from around £22,230 to £51,460.
- Minor but permanent impairment of vision in one eye: Compensation amounts might range from about £8,550 to £19,690.
Factors Influencing Compensation
- Age and Occupation: Younger claimants and those in professions heavily reliant on eyesight (like pilots or surgeons) might receive higher compensation due to the long-term impact on their careers.
- Severity and Symptoms: The extent of the injury, whether the eye was completely lost or if there is partial vision loss, and associated symptoms such as pain or headaches are crucial factors.
- Psychological Impact: Often, losing an eye can lead to significant psychological distress, including depression or anxiety, which can also be compensated.
Can I claim if I was partly to blame for loss of eye at work?
Yes, you can still make a claim for compensation if you were partly to blame for loss of eye at work in the UK. This is known as “contributory negligence.” In cases of contributory negligence, the compensation you receive might be reduced based on the degree of your own responsibility for the injury. It’s where both parties (you and your employer) agree on a share of the blame. For example, this could be any ratio such as 50:50, 40:60 or 20:80.
Contributory negligence occurs when the injured party has also contributed to either the cause of the accident or the severity of the injury. For example, if you failed to follow the prescribed safety procedures or were not using the provided safety equipment at the time of the accident, it could be determined that you were partly responsible.
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Understanding Contributory Negligence
Contributory negligence does not prevent you from claiming compensation, but it does affect how much compensation you can ultimately receive. Here’s how it works:
- Fault Allocation: If it’s determined that you were partially responsible for your injury, the compensation awarded will be reduced according to your share of the blame. For example, if you are found to be 25% responsible for the accident, then your compensation will be reduced by 25%.
- Negotiation: The extent of your contributory negligence and the resulting adjustment to your compensation typically involves negotiations between your legal representatives and those of your employer or their insurance company.
How Contributory Negligence is Assessed
Contributory negligence is typically considered when an employee fails to follow safety protocols, uses equipment improperly, or does not wear the required safety gear. For instance, if you did not use provided safety equipment which could have prevented the injury or minimized its severity, this could be seen as contributory negligence.
Steps to Take if Contributory Negligence Might Apply
- Legal Advice: It is crucial to seek advice from a solicitor experienced in workplace injury claims. They can provide a realistic assessment of your case, including the impact of any contributory negligence on your compensation.
- Gathering Evidence: Collect as much evidence as possible to demonstrate the circumstances of your injury. This includes documenting unsafe working conditions or practices, lack of proper training, or failure of the employer to enforce safety measures.
- Negotiation: Your solicitor will handle negotiations, advocating on your behalf to achieve the best possible outcome. They will aim to minimize the perceived level of your fault to maximize your compensation.
- Preparation for a Possible Reduction in Compensation: Be prepared for the possibility that your compensation might be reduced due to your partial responsibility. Your solicitor can help estimate this adjustment based on the details of your case.
Frequently Asked Questions (FAQs)
1. What should I do immediately if I lose an eye in a workplace accident?
Immediately seek medical attention to address your injury and ensure that all medical interventions are documented. Report the incident to your employer as soon as possible, as they are required to log it and may need to report it to the Health and Safety Executive (HSE) under RIDDOR (Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013). Additionally, collect contact information from any witnesses and keep records of everything related to your accident and treatment.
2. Can I claim compensation for the loss of an eye at work?
Yes, if you lose an eye due to a workplace accident or as a result of unsafe working conditions, you are likely entitled to claim compensation. You can claim through workers’ compensation (employer’s liability insurance) without the need to prove your employer was at fault, or you may pursue a personal injury claim if you believe negligence played a role.
3. How much compensation can I expect for losing an eye at work?
Compensation amounts can vary significantly but generally include payments for pain and suffering, medical expenses, and loss of earnings. As of current guidelines, compensation for the total loss of one eye ranges from approximately £15,140 to £61,690. However, additional factors like future loss of earnings, psychological impacts, and lifestyle adjustments are also considered in the total compensation.
4. What factors influence the amount of compensation I receive for an eye injury?
Several factors can affect compensation amounts, including:
- The severity and permanence of the vision loss.
- Impact on your ability to work and earn an income.
- Additional costs such as medical treatment, rehabilitation, and adaptations needed for your home.
- Psychological effects like depression or anxiety resulting from your injury.
5. How long do I have to make a claim for compensation after losing an eye at work?
In the UK, you generally have three years from the date of the accident or the date you became aware of the injury to make a claim. However, it’s advisable to begin the claims process as soon as possible to ensure that evidence is fresh and documentation is complete.
6. Do I need a solicitor to make a claim for the loss of an eye at work?
While it’s possible to make a claim on your own, navigating the complexities of personal injury law and dealing with insurance companies can be challenging without legal expertise. A solicitor specializing in personal injury claims can help maximize the compensation you receive and handle the legal processes efficiently.
7. What role does employer negligence play in compensation claims for eye injuries?
Employer negligence is crucial in personal injury claims but not in workers’ compensation claims. If you opt for a personal injury claim, you must prove that your employer’s negligence caused or contributed to your injury. This could include failure to provide safety equipment, inadequate training, or poor maintenance of machinery.
8. Are there preventative measures that employers must take to avoid eye injuries at work?
Yes, employers are legally required to ensure a safe working environment, which includes conducting risk assessments, providing appropriate personal protective equipment (PPE) like safety goggles, offering training on how to use equipment safely, and maintaining machinery to prevent accidents.
9. What should I include in my injury report to my employer?
When reporting your eye injury to your employer, include all relevant details such as the date, time, and place of the accident, how the injury occurred, the nature of the injury, any equipment involved, and names of any witnesses. This documentation will be crucial for both your employer’s incident log and your compensation claim.
10. How can I prove my employer’s negligence in a personal injury claim for loss of an eye?
Proving negligence typically involves demonstrating that your employer failed to provide a safe working environment. This could be through inadequate safety measures, lack of or faulty personal protective equipment, insufficient training, or non-compliance with health and safety regulations. Gathering evidence such as witness statements, photos of the accident scene, expert testimonies, and records of previous incidents can help establish negligence.
11. What if my eye injury was partly my fault? Can I still claim compensation?
Yes, you can still make a claim even if you were partly at fault for the accident under the concept of ‘contributory negligence’. The compensation might be reduced depending on your share of the responsibility for the injury. A solicitor can provide more detailed advice based on the specifics of your case.
12. Can I claim for psychological damage caused by the loss of an eye?
Yes, compensation claims can include damages for psychological impacts, such as anxiety, depression, and post-traumatic stress disorder (PTSD), which are common after serious injuries like the loss of an eye. Medical assessments and psychological evaluations will be necessary to support these claims.
13. What are the first steps in starting a compensation claim for an eye injury at work?
The first step in starting a claim is to consult with a solicitor who specializes in personal injury or workers’ compensation claims. They can advise you on the strength of your case, the type of claim suitable for your circumstances, and help you gather the necessary documentation and evidence.
14. How long does it typically take to settle a claim for the loss of an eye?
The duration of a claim can vary widely depending on the complexity of the case, whether the employer accepts liability, and if the case settles out of court or goes to trial. Generally, a straightforward claim might settle within a few months, but more complex cases, especially those going to trial, can take several years.
15. Can I claim future medical expenses related to my eye injury?
Yes, you can claim for future medical expenses if your injury requires ongoing treatment, such as further surgeries, medication, or rehabilitation. A detailed medical prognosis and an expert’s estimation of future medical needs are essential for including future medical expenses in your claim.
16. Can I make a compensation claim if I am a self-employed contractor and lose an eye at work?
Yes, self-employed contractors can also make claims for injuries suffered due to someone else’s negligence, such as the site owner or a third party. The process involves proving that the other party had a duty of care and that their negligence led to your injury. It’s essential to have appropriate insurance as a contractor, which might also provide cover for personal injuries.
17. How does loss of future earning capacity factor into compensation calculations for an eye injury?
Loss of future earning capacity is a significant factor in compensation calculations, especially when the injured party can no longer perform their job or any similar job they were trained for. Calculations are based on current earnings, age, job stability, and the potential for future promotions or raises, all adjusted to present value.
18. What support services are available for individuals who lose an eye at work?
Victims of serious workplace injuries can access various support services, including counseling and psychological services to help cope with trauma and loss. Physical rehabilitation services and vocational training to assist with job retraining are also available. Organizations such as the Royal National Institute of Blind People (RNIB) provide support and advice for those adjusting to sight loss.
19. Are there any recent changes to the law or regulations affecting claims for eye injuries at work?
Laws and regulations regarding workplace safety and compensation claims are subject to change. It’s crucial to consult with a solicitor or legal expert to get the most current information. Solicitors stay updated on all changes that could affect compensation claims, including shifts in health and safety regulations, compensation limits, and the claims process itself.
20. How can I ensure that my employer will not retaliate against me for making a claim for an eye injury?
UK law protects employees from being dismissed or treated unfairly by their employers for making a legitimate injury claim. If you experience such retaliation, you may have additional legal recourse for unfair dismissal or constructive dismissal. A solicitor can advise on the best course of action in such cases.
Different Types of Eye Injuries in the Workplace
Eye injuries in the workplace can range from mild irritations to severe trauma that may result in permanent damage or loss of vision. Understanding the different types of eye injuries is essential for implementing effective preventive measures and appropriate responses. Here’s a breakdown of the common types of eye injuries that can occur at work:
1. Foreign Bodies
These are among the most common eye injuries and involve materials such as dust, wood, metal shavings, or other particles entering the eye. Symptoms include discomfort, redness, and excessive tearing. More severe cases may involve metallic particles embedding in the eye, which can lead to serious harm if not properly treated.
2. Corneal Abrasions
These occur when the cornea, the clear surface of the eye, is scratched by dust, dirt, sand, wood, or particles from grinding or drilling. This type of injury is extremely painful and can cause redness, watering, sensitivity to light, and a gritty feeling in the eye.
3. Chemical Burns
Exposure to industrial chemicals or cleaning products can cause chemical burns to the eyes. Alkali substances (like lime, plaster, and cement) tend to cause more severe injuries than acids. Symptoms include redness, burning, and in severe cases, vision loss. Immediate flushing of the eye with water is crucial to minimize damage.
4. Penetrating or Puncture Injuries
These occur when a sharp object like metal, wood, or glass penetrates the eye. This type of injury can cause severe damage to the internal structures of the eye and often requires surgical intervention to repair.
5. Blunt Trauma
This injury results from an impact to the eye or the surrounding area, such as being struck by a fast-moving object (e.g., a ball), a tool, or being hit during a fall. Blunt trauma can lead to bruising (black eye), bleeding under the conjunctiva (subconjunctival hemorrhage), or more serious injuries like retinal detachment.
6. Radiation Exposure
Exposure to UV light from welding torches without adequate eye protection can lead to “welder’s flash” or “arc eye,” which are burns to the cornea. Similarly, long-term exposure to other forms of radiation can also lead to cataracts or other degenerative conditions.
7. Inflammatory Conditions
Jobs that involve exposure to allergens or environmental irritants can lead to conditions such as conjunctivitis (pink eye) or blepharitis (inflammation of the eyelids). These conditions can cause discomfort, itching, and redness, and while they are usually not severe, they can be highly disruptive.
Why You Need Legal Representation: The Role of a Solicitor in Your Claim
Seeking legal representation from a knowledgeable and experienced solicitor specializing in workplace injuries is essential to protect your rights and maximize your compensation. A skilled solicitor can assess the circumstances surrounding your work accident injury, gather evidence to support your claim, and negotiate with insurance companies on your behalf. They can also guide you through the legal process, ensuring that deadlines are met, and your rights are upheld every step of the way.
A solicitor specializing in workplace injuries can be a tremendous asset. They can help in:
-Assessing the validity of your claim.
-Gathering necessary evidence and documentation.
-Negotiating with insurance companies.
-Representing you in court, if necessary.
How much will it cost to make a work accident claim?
(No Win, No Fee)
We will take on your work accident claim on a ‘No win, No fee’ basis. Our charges to you are dependent upon the individual type of case, and are typically a percentage of the compensation amount that we obtain for you. Where we offer “No Win, No Fee” services, typically customers pay 25% plus VAT of the companestion amount we able to recover on your behalf and any ir-recoverable disbursements. If we won’t able to secure any compensation for you then you don’t have to pay us anything.
If you or someone you know has sustain cuts, laceration or scarring injury then feel free to contact us. Alternatively, you can also request a free, no obligation callback request from our website.
How long do you have to make an accident at work claim?
Work accidents can cause serious injuries. This is because most working environments have a high accident potential when not maintained – or if staff haven’t been trained properly. You typically have three years from the date of the accident or diagnosis of a medical condition to make an injury at work claim. However, there are some exceptions to this rule:
- Psychological Trauma or Mental Capacity – if you or your loved one no longer has the mental capacity to make a claim themselves (often the case following a traumatic brain injury), then in these circumstances there is no time limit for making a compensation claim.
- Accidents While Working Abroad – if your accident happened while working abroad, the time limit for making a claim may be shorter.
- Defective Work Equipment – if your injury was caused by a piece of equipment that had a manufacturing defect, the time limit may be different. If you’ve been injured with an accident at work it’s best to contact us as soon as possible, to ensure we can begin your claim within the relevant time limits.
- Under 18s – If you or a loved one suffered an injury at work when they were under 18 (including if the injury happened while in full or part time employment, as an apprentice or on work experience), a claim can be started at any point up until their 21st birthday. However, in cases where mental capacity has been lost, then no time limit applies.
What do i need to prove in an accident at work claim?
If you’ve been injured at work in the last three years and it wasn’t your fault, you may be able to claim compensation. Injuries, medical condition and work-related illnesses are often caused by employers and managers failing to follow proper health and safety rules.
First, you need to prove that the accident that caused your injury (or medical condition) was not your fault. Second, the evidence must demonstrate that the accident was caused by the negligent action – or inaction – of your employer.
You can call us or request a free callback and we will assess your accident at work claim.
Am I Eligible To Make An Accident At Work Claim?
In the UK, employers and business owners are legally responsible for the welfare and safety of their staff and any visitors to their premises. The law states that all businesses must compulsorily hold employer liability insurance and conform to Health & Safety regulations to ensure that they meet those requirements/guidelines.
If your employer failed to meet their responsibilities and their negligence has caused injury (or medical condition), you can claim compensation by filing an accident at work claim. If your claim for a workplace injury is successful the compensation would be paid from the employers liability insurance. In certain circumstances, even if you contributed to your own accident at work, you may still be able to claim injury compensation if your employer is deemed to have been the main instigator of your personal injury or medical condition at work.
You can call us or request a free callback if you have any questions about claiming compensation for an accident at work.
Frequently Asked Questions Related to Work Accident Claims
What should I do if my employer disputes my injury claim?
If your employer disputes your claim, it’s important to seek legal advice immediately. A solicitor can help gather evidence to support your case and represent your interests in any disputes or legal proceedings.
Can I claim for psychological injuries?
Yes, you can claim compensation for psychological injuries, such as stress or anxiety, if they are a result of your working environment or job-related activities.
How long does a workplace injury claim process take?
The duration of a claim process can vary depending on the complexity of the case. Some claims are settled within a few months, while others may take longer. Your solicitor can provide a more specific timeline based on your circumstances.
Will I need to go to court for my injury claim?
Most injury claims are settled out of court. However, if a satisfactory agreement cannot be reached, your case may need to go to court. Your solicitor will prepare you for all eventualities and represent you throughout the process.
Are there any costs involved in making a claim?
Many solicitors offer a ‘No Win, No Fee’ arrangement for workplace injury claims. This means you won’t have to pay any upfront legal fees, and fees are only applicable if your claim is successful.
Can I make a work injury claim if the accident was partly my fault?
Yes, you can still make a claim even if you were partly at fault. The concept of ‘contributory negligence’ may apply, where compensation is reduced according to your share of the blame.
What if I’m a contractor or a temporary worker, can I still claim?
Yes, contractors and temporary workers are entitled to a safe working environment. If you are injured while working, you have the same rights to claim as permanent employees.
How is the amount of compensation determined?
Compensation is calculated based on factors like the severity of your injury, impact on your life, loss of earnings, and future care needs. Each case is unique, and the amount varies accordingly.
What if my injury occurred over time and not in a specific incident?
You can still claim for injuries that developed over time, such as repetitive strain injuries or occupational illnesses. The key is to link these conditions directly to your workplace environment or duties.
Can I claim for an injury that happened while working from home?
Yes, if you’re working from home as part of your employment, you are still covered by your employer’s duty of care. Injuries sustained while performing your job at home can be eligible for a claim.
What happens if I lose my job after making a work injury claim?
It’s illegal for an employer to dismiss you solely because you’ve made a claim. If you’re unfairly dismissed, you might have grounds for further legal action.
Can I make a claim on behalf of a family member who was injured at work?
Yes, if a family member is unable to make a claim themselves due to the severity of their injuries, you can initiate a claim on their behalf.
How long will I receive compensation payments?
The length of time you receive compensation depends on the nature of your injury and how it affects your ability to work. Payments continue until you’ve recovered, or for a period specified in your compensation agreement.
What about psychological trauma resulting from a workplace accident?
You can claim for psychological trauma, such as PTSD or anxiety, if it’s directly related to a workplace accident. Mental health injuries are as valid as physical injuries.
Is there a risk of any costs if I lose my claim?
Under a ‘No Win, No Fee’ agreement, there should be no costs if you lose. However, it’s important to understand the terms of the agreement with your solicitor, as conditions can vary.
What if my employer has gone out of business?
You may still be able to make a claim even if your employer is no longer in business. It’s important to seek legal advice to explore your options, as claims can often be made against the company’s insurance.
Can I be fired for making a workplace injury claim?
It is unlawful for an employer to dismiss you for making a legitimate injury claim. If you face dismissal or unfair treatment as a result of your claim, you should inform your solicitor immediately.
How can I support my mental health during the claim process?
Dealing with an injury claim can be stressful. It’s important to seek support, whether through counseling, talking to family and friends, or joining support groups. Your solicitor can also provide guidance on coping strategies during this time.
Is there a minimum severity for injuries to be eligible for a claim?
No, there’s no minimum severity for workplace injuries. Even minor injuries can be eligible for a claim, especially if they result in medical costs, pain, suffering, or loss of earnings.
Can I make a claim if I’m a contractor or temporary worker?
Yes, contractors and temporary workers have the same rights to a safe working environment as permanent employees. If you’re injured while working in these capacities, you may still be entitled to make a claim.
What happens if the injury aggravates a pre-existing condition?
If a workplace injury aggravates a pre-existing condition, you can still make a claim. The key factor is determining how much of your current condition is attributable to the workplace injury.
Can I make a claim for an injury that happened during a work social event?
If the social event is officially sponsored by your employer, and you were injured during this event, you may have a valid claim. The specifics can be complex, so it’s advisable to consult with a solicitor.
Should I accept a settlement offer from my employer’s insurance company?
Be cautious about accepting early settlement offers, as they may not fully cover your long-term needs. It’s essential to have any offer reviewed by a solicitor to ensure it’s fair and adequate.
Can family members claim compensation if a workplace injury is fatal?
In tragic cases where a workplace injury leads to death, dependents or family members may be able to make a claim for compensation. This can cover funeral expenses and loss of financial support.
How can I ensure that my claim is processed smoothly?
Keeping detailed records, following your solicitor’s advice closely, and maintaining open communication can help ensure your claim is processed smoothly and efficiently.
What if I face harassment after making a claim?
Harassment or any form of retaliation from your employer or colleagues due to your claim is unlawful. Report any such occurrences to your solicitor immediately, as they can advise on the best course of action.
We are here to help!
If you, a friend or a family member has involved in an accident at work that caused your injury (or medical condition) then it may be possible to claim compensation for injuries or medical condition.
Our dedicated workplace accident solicitors will work hard to get you the compensation you deserve. Your settlement can help pay for private medical care and any time you’ve had to take off work.
You have three years to make an accident at work claim from the date you were injured.
