Claim Compensation For Rotator Cuff Injury at Work
Rotator cuff injuries are a common yet often debilitating type of shoulder injury that can occur in the workplace. Consisting of a group of muscles and tendons that stabilize the shoulder, the rotator cuff can be damaged through acute trauma or repetitive stress, leading to pain, weakness, and reduced mobility. For workers suffering from such injuries, understanding their legal rights and options is crucial.
The rotator cuff is a critical component of the shoulder, enabling lifting and circular movements. Injuries to this area can range from mild tendon inflammation (tendonitis) to severe tears of one or more tendons. In the workplace, these injuries typically arise from activities involving lifting, pushing, pulling, or repetitive overhead motions.
We offer free initial advice for handling rotator cuff injury claims 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 Are the Main Causes of Rotator Cuff Injuries in The Workplace?
Rotator cuff injuries in the workplace can be caused by a variety of factors, particularly in jobs that demand physical exertion or repetitive motion. Understanding these causes is crucial for preventing injuries and for addressing them when they occur. Here are the main causes of rotator cuff injuries in the workplace:
1. Repetitive Motion
Repetitive stress is one of the most common causes of rotator cuff injuries. Activities that require continuous shoulder movements, especially overhead activities, can strain the rotator cuff muscles and tendons over time. Professions such as painting, carpentry, or assembly line work are particularly susceptible to these types of injuries.
2. Poor Ergonomics
Inadequate ergonomic setup can lead to unnatural shoulder postures, which put unnecessary stress on the rotator cuff. This can occur in both office and manual labor settings. For instance, an office worker with a poorly adjusted workstation that requires extended reaching or lifting may develop rotator cuff issues, as can a factory worker who operates machinery that forces awkward arm positions.
3. Sudden Overexertion
Attempting to lift objects that are too heavy or doing so without proper technique can cause acute rotator cuff injuries. This type of injury often occurs suddenly and can result in a tear. It’s commonly seen in industries where lifting and carrying heavy loads are routine, such as construction, warehousing, and removals.
4. Direct Trauma
Direct impact to the shoulder, such as falling onto an outstretched hand or being hit by heavy equipment, can cause serious rotator cuff injuries. These injuries can lead to tears or other significant damage to the shoulder components.
5. Age-related Degeneration
While not exclusive to the workplace, degenerative changes in the rotator cuff tend to worsen with age and can be exacerbated by workplace activities. Workers in older age groups might find that their risk of a rotator cuff injury increases, particularly if their job involves repetitive shoulder use.
6. Inadequate Training or Lack of Safety Measures
Employers who fail to provide adequate training on safe handling techniques or proper use of equipment can indirectly cause rotator cuff injuries. Similarly, lack of safety measures and failure to enforce proper procedures can lead to situations where injuries are more likely to occur.
What is UK Law About Rotator Cuff Injury at Workplace?
In the UK, the legal framework that governs workplace health and safety is comprehensive and is designed to protect workers, including those who might suffer from rotator cuff injuries. Employers are legally obligated to ensure the health and safety of their employees while at work. Here’s how UK law pertains to rotator cuff injuries in the workplace:
Health and Safety at Work etc. Act 1974
This act requires employers to provide a safe working environment. Employers must do everything “reasonably practicable” to protect the health, safety, and welfare of their employees. This includes assessing risks, providing adequate training, ensuring machinery is safe and well-maintained, and implementing necessary preventive measures.
The Management of Health and Safety at Work Regulations 1999
Under these regulations, employers are required to perform risk assessments that evaluate the potential for injuries and to implement appropriate measures to mitigate such risks. This might involve adjusting job roles, providing ergonomic equipment, or changing work practices to reduce the risk of rotator cuff and other musculoskeletal injuries.
The Manual Handling Operations Regulations 1992 (amended 2002)
These regulations specifically address the risks associated with manual handling tasks — a common cause of rotator cuff injuries. Employers must assess manual handling operations and take steps to reduce the risk of injury, possibly by automating tasks, providing lifting aids, or redesigning tasks to minimize the need for manual handling.
The Workplace (Health, Safety and Welfare) Regulations 1992
These ensure that the physical work environment does not put workers at risk. This includes the provision of suitable workstations, adequate space for moving around safely, and the maintenance of equipment.
Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR)
Employers must report serious workplace injuries, occupational diseases, and dangerous occurrences to the relevant authorities. Severe rotator cuff injuries that result from workplace accidents or conditions and lead to more than seven days of incapacity must be reported under these regulations.
Compensation and Claims For Rotator Cuff Injury at Work:
Workers who suffer rotator cuff injuries due to their employer’s negligence or failure to comply with health and safety laws may be entitled to compensation. This can cover medical expenses, loss of earnings, pain and suffering, and any other expenses related to the injury. Workers can claim through the workers’ compensation system or pursue a personal injury lawsuit if negligence can be proven.
Employment Rights Act 1996
This act provides protection for employees from being treated unfairly or being dismissed if they bring up health and safety issues, including those that could lead to injuries such as rotator cuff injuries.
Employers are encouraged to go beyond these legal minimums to create a workplace that actively promotes health and safety. Employees who have suffered a rotator cuff injury due to their working conditions should seek legal advice to understand their rights and the compensation they may be entitled to. Legal professionals specializing in personal injury or employment law are well-placed to provide guidance and support through the claims process.
Prevention Strategies For Rotator Cuff Injury at Work
Understanding these causes helps in crafting effective prevention strategies, which should include:
- Ergonomic Assessments: Regular reviews of workplace ergonomics to ensure all equipment and furniture are suitable and safe.
- Training Programs: Comprehensive training on the correct handling techniques and use of machinery.
- Regular Breaks: Implementing breaks to reduce the risk of repetitive strain injuries.
- Fitness and Flexibility Programs: Encouraging or providing programs that enhance muscle strength and flexibility, which can reduce the risk of injuries.
By addressing these factors, workplaces can significantly reduce the incidence of rotator cuff injuries, protecting employees’ health and improving overall productivity.
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How Can I Claim For Rotator Cuff Injury at Workplace?
Claiming compensation for a rotator cuff injury sustained at work in the UK involves several steps that you need to follow to ensure you have a strong case. Here is a step-by-step guide on how to claim for a rotator cuff injury at the workplace:
1. Seek Medical Attention
Immediately consult a healthcare provider for a diagnosis and treatment of your injury. Medical documentation is crucial as it not only ensures proper care but also serves as evidence of the injury and its severity.
2. Report the Injury
Inform your employer about the injury as soon as possible. Make sure the incident is recorded in the accident book at your workplace, as this is another essential piece of evidence. If your employer does not have an accident book, send them a written report and keep a copy for your records.
3. Document Everything
Collect and organize all documentation related to your injury and its consequences, including:
- Medical records and receipts.
- Details of any related expenses (travel costs to medical appointments, medication, etc.).
- A diary noting any pain or difficulties experienced daily and how the injury impacts your life and work.
4. Gather Evidence
Strong evidence is key to supporting your claim. This might include:
- Witness statements from colleagues who saw the accident or who can testify to unsafe working conditions.
- Photos or videos of where the incident occurred, especially if they show hazardous conditions that contributed to the injury.
- Records of previous complaints regarding workplace safety that were ignored.
5. Check Employment Status
Ensure you are clear on your employment status (e.g., employee, contractor, temporary worker), as this can affect your rights and the claiming process.
6. Legal Consultation
Consult with a solicitor specializing in personal injury claims, particularly those related to workplace injuries. Many solicitors offer a free initial consultation and operate on a no-win, no-fee basis. They can provide valuable guidance, evaluate the strength of your case, and help you understand the compensation you might expect.
7. Gather Evidence for Negligence
If you are claiming negligence, you will need to prove that your employer breached their duty of care towards you and that this breach directly caused your injury. Your solicitor can help gather the necessary evidence and expert testimonies.
8. Consider Making a Personal Injury Claim
If your employer’s negligence led to your injury, your solicitor might advise making a personal injury claim. This can potentially cover:
- Pain and suffering caused by the injury.
- Loss of earnings if you’ve been unable to work.
- Future loss of earnings, especially if the injury leads to long-term impairment.
- Medical and rehabilitation costs.
How Much You Can Claim For Rotator Cuff Injury at Work?
Compensation for a rotator cuff injury at work in the UK depends on several factors, including the severity of the injury, the impact on your daily life and work, the costs of medical treatment, and any long-term effects. The amounts can vary widely, and each case is assessed individually.
General Compensation Ranges for Rotator Cuff Injuries:
- Minor Rotator Cuff Injuries:
- Compensation Range: £2,150 to £7,150
- Details: These injuries may heal within a few months and may not require surgery, including minor sprains or strains.
- Moderate Rotator Cuff Injuries:
- Compensation Range: £7,150 to £11,800
- Details: Injuries that may have resulted in limited shoulder movement but with eventual recovery, possibly needing some surgical intervention such as arthroscopy.
- Severe Rotator Cuff Injuries:
- Compensation Range: £11,800 to £18,020
- Details: These include rotator cuff tears that require surgery and result in significant pain, weakness, and limited shoulder function which has a more permanent nature but does not result in complete disability.
- Serious Rotator Cuff Injuries:
- Compensation Range: £18,020 to £45,070
- Details: Significant injuries involving complete tears, substantial surgery or multiple operations with residual disability, ongoing pain, or limited shoulder function.
Example Cases:
- Case 1: Minor Injury
- Scenario: An office worker develops a minor rotator cuff strain from repetitive use of a poorly positioned workstation. The injury heals within a few months with physiotherapy.
- Possible Compensation: Around £3,000, covering short-term medical treatments and minor adjustments to the workplace.
- Case 2: Moderate Injury
- Scenario: A warehouse worker suffers a moderate rotator cuff tear due to lifting heavy objects. Surgery is required, followed by extensive physiotherapy, but the worker regains most of the shoulder function.
- Possible Compensation: Approximately £10,000, reflecting medical expenses, several weeks off work, and partial temporary disability.
- Case 3: Severe Injury
- Scenario: A construction worker experiences a severe rotator cuff tear when a heavy object falls from a height, hitting their shoulder. Multiple surgeries are needed, resulting in significant residual pain and loss of function.
- Possible Compensation: Up to £35,000, depending on the impact on future earning capacity, long-term treatment costs, and permanent partial disability.
Factors Influencing Compensation:
- Medical Expenses: Includes past and future treatments, surgeries, and rehabilitation costs.
- Loss of Earnings: Compensation for the time taken off work and any potential future loss of earnings due to the injury.
- Pain and Suffering: Reflects the physical and emotional distress caused by the injury.
- Life Impact: Consideration for any permanent disability or change in quality of life.
Legal claims for rotator cuff injuries require detailed evidence and expert legal representation to ensure all factors are considered, and appropriate compensation is awarded. It is advisable to consult with a solicitor who specializes in personal injury claims to get a precise estimate based on the specifics of your case.
Can I claim if I was partly to blame for my rotator cuff injury at work?
Yes, you can still make a claim for compensation if you were partly to blame for your rotator cuff injury 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) for Rotator Cuff Injury at Work
1. What is a rotator cuff injury?
A rotator cuff injury involves damage to the rotator cuff group of muscles and tendons that stabilize the shoulder. This can include strains, tears, or inflammation and can result from either acute incidents or repetitive strain.
2. What are common causes of rotator cuff injuries in the workplace?
Common causes include repetitive motion (especially overhead activities), lifting heavy objects, poor ergonomics, direct trauma from falls or collisions, and gradual wear and tear exacerbated by workplace activities.
3. What symptoms indicate a rotator cuff injury?
Symptoms typically include pain and tenderness in the shoulder, especially when reaching overhead or behind the back, weakness in the shoulder, difficulty sleeping on the affected side, and a cracking sensation when moving the shoulder.
4. How can I prove my rotator cuff injury is work-related?
Proving a work-related cause typically involves documenting the workplace conditions and your job duties that may have contributed to the injury, medical records that align the onset of symptoms with workplace activities, and sometimes expert testimony regarding workplace ergonomics and practices.
5. What should I do if I suffer a rotator cuff injury at work?
First, seek medical treatment and follow your doctor’s advice. Report the injury to your employer and make sure it is recorded. Document all aspects of your injury and treatment. Consider consulting a solicitor who specializes in personal injury or workers’ compensation to explore your legal options.
6. Can I claim compensation for a rotator cuff injury?
Yes, if your injury is linked to your job duties or workplace conditions, you may be entitled to claim compensation for medical expenses, loss of earnings, pain, suffering, and potentially permanent disability.
7. How much compensation can I expect for a rotator cuff injury?
Compensation amounts can vary widely based on the severity of the injury, the extent of medical treatment, any lasting disability, and the impact on your quality of life and ability to work. Claims might range from a few thousand pounds for minor injuries to over forty thousand pounds for severe or debilitating injuries.
8. What are the time limits for making a claim?
You generally have three years from the date of the injury or from the date you became aware of it being related to your work to make a claim. However, it is advisable to begin the process as soon as possible to ensure all relevant evidence is available and accurate.
9. Can my employer dismiss me for making a claim?
It is illegal for employers to dismiss or retaliate against employees for making a legitimate injury claim. If you are treated unfairly or dismissed after claiming, you may have additional legal recourse for unfair dismissal.
10. How can a solicitor help with my rotator cuff injury claim?
A solicitor can provide expert guidance on the viability of your claim, gather and present evidence, negotiate with insurance companies or employers, and represent you in court if necessary. They can ensure you receive the maximum possible compensation and help navigate the complexities of employment and injury law.
11. What types of medical evidence are needed to support a rotator cuff injury claim?
To support a claim, you will need detailed medical records including diagnosis, treatment plans, and notes on your prognosis. Evidence might also include MRI scans, X-rays, and reports from physiotherapists or orthopedic specialists. It’s crucial that these documents link your injury to your workplace activities or conditions.
12. How is liability determined in cases of rotator cuff injuries at work?
Liability is determined based on whether the employer failed to provide a safe working environment, adequate training, or necessary equipment. This can involve showing that the employer neglected their duty of care, which led to unsafe working conditions or practices resulting in your injury.
13. Can I make a claim if I had a pre-existing shoulder condition?
Yes, you can still make a claim if a workplace accident or condition worsened a pre-existing shoulder issue. However, compensation might be adjusted based on the extent to which your work contributed to the aggravation of the injury, a concept known as “apportionment.”
14. What if my rotator cuff injury occurred over time rather than from a specific incident?
Injuries that develop over time due to repetitive strain or poor ergonomics are still compensable. You will need to demonstrate how your work duties over time contributed to the injury, supported by medical and occupational evidence.
15. Are there any specific laws that protect workers with rotator cuff injuries?
While there are no laws specifically for rotator cuff injuries, general workplace health and safety regulations apply. These include the Health and Safety at Work etc. Act 1974, the Manual Handling Operations Regulations 1992, and others that require employers to prevent injuries by managing risks.
16. What are the consequences if an employer fails to report a rotator cuff injury?
Employers are legally required to report serious workplace injuries under RIDDOR (Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013). Failure to report can result in legal action against the employer, including fines and other penalties.
17. Can I claim for future medical treatments related to my rotator cuff injury?
Yes, claims can include anticipated future medical expenses, such as surgeries, ongoing physical therapy, and any necessary medical aids. Accurate prognosis and expert medical testimony are essential for including future treatment costs in your claim.
18. What role do health and safety inspectors play in rotator cuff injury claims?
Health and safety inspectors can investigate workplace practices and conditions, especially after a report of a serious injury. Their findings can be crucial evidence in establishing employer negligence or failure to comply with safety regulations.
19. How can workplace modifications or accommodations affect my claim?
If your employer has made reasonable accommodations or modifications to your workplace to prevent injury or to allow you to continue working post-injury, this can impact the amount of compensation, especially regarding claims for future loss of earnings or care.
20. What should I do if I feel pressured by my employer to return to work prematurely?
You should follow medical advice regarding your readiness to return to work. If you are pressured to return prematurely, document all communications with your employer regarding your concerns and seek legal advice. Your health should always take precedence, and returning to work too early can exacerbate the injury.
Symptoms and Diagnosis for Rotator Cuff Injuries
Symptoms of Rotator Cuff Injuries
The symptoms of a rotator cuff injury may vary depending on the severity of the injury—from a mild strain to a complete tendon tear. Common symptoms include:
- Pain and Tenderness: Often felt in the front of the shoulder, which may radiate down the side of the arm. Initially, the pain may only occur when lifting the arm or with certain movements, but as the injury progresses, it might become more constant.
- Weakness: Difficulty performing activities that require arm elevation or rotation, such as combing hair, reaching behind the back, or lifting objects.
- Limited Range of Motion: A noticeable loss of mobility in the shoulder, making it hard to perform overhead activities.
- Swelling and Stiffness: Swelling in the shoulder due to inflammation of the tendons.
- Nocturnal Pain: Increased shoulder pain at night, which may interfere with sleep, especially when lying on the affected side.
- Crepitus or Crackling Sensation: Feeling a crackling or popping sensation when moving the shoulder in certain ways.
Diagnosis of Rotator Cuff Injuries
Diagnosing a rotator cuff injury involves a combination of clinical evaluation and imaging tests:
- Medical History and Physical Examination: The first step is a thorough medical history and physical examination. The doctor will ask about any activities that could have caused the injury and will assess pain, tenderness, weakness, and range of motion in the shoulder.
- Imaging Tests:
- X-rays: Although X-rays cannot show soft tissues like the rotator cuff tendons, they can reveal bone spurs or other potential causes of shoulder pain.
- Ultrasound: This imaging test uses sound waves to produce images of the soft tissues of the shoulder and can show tears in the rotator cuff tendons.
- Magnetic Resonance Imaging (MRI): MRI provides a detailed image of soft tissues, including the rotator cuff tendons. It is particularly useful for diagnosing the size and location of a tear.
- Response to Treatment: Sometimes, initial treatments such as rest, ice, and anti-inflammatory medications are used to see if symptoms improve, which can help confirm the diagnosis.
Differential Diagnosis
It’s also important to distinguish rotator cuff injuries from other conditions that can cause shoulder pain, such as arthritis, bursitis, or frozen shoulder. Each of these conditions has distinct features on imaging studies and may present slightly different symptoms.
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.
