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Claiming Compensation for Accidents at Work
[01.09.11] |
 Your employer can be sued for accident at work compensation claims under one of the following points:
1. EMPLOYER NEGLIGENCE
Your employer must take all precautions to ensure your safety in doing the job in which you were injured. He should also provide you with proper training and should have provided proper safety equipments. If your employer failed to do this he could be seen to be "negligent" and so legally responsible for your injuries.
2. HEALTHY AND SAFETY LAWS
There are a several laws which are in place that protect the health and safety of workers in all workplaces. There are many requirements on the employer under this law and unless, the employer can show that he followed all of these he is likely to be responsible for your accident at work claim.
3. MANUAL HANDLING REGULATIONS
Many accidents at work are caused through "manual handling" and a law is in place known as the Manual Handling Operations Regulations 1992 setting out your employer's obligations where manual handling takes place.
You can include the following damages, costs and expenses in your accident at work compensation claims:
• SPECIAL DAMAGES:
Special damages are the financial expenses that you incur as a result of the accident at work.
a. Lost income: If after an accident, you are unable to work for a certain period of time; you are entitled to claim lost income. Net income is calculated for this purpose i.e. income after tax and national insurance is deducted.
b. Medical expenses: You are entitled to claim the medical expenses you incurred to have your injuries treated including prescription expenses.
c. Nursing expenses: If you are injuries were so bad that you were forced to get treated with professional nursing assistance during your recovery period, it can be claimed.
d. Care and assistance expenses: If family members or friends provided you with care and assistance - you are entitled to claim an hourly rate for their time spent. Statements from the individuals who supplied the assistance would be necessary to support this expense.
e. Travel expenses: You can claim the travel expenses relating to your accident, including those to and from hospital and your GP. If you used your own vehicle or that of a friend or family member - you can claim a mileage rate which is prefixed per mile.
f. Loss of holiday: You are entitled to claim the cost of the holiday in case you had booked one and were unable to go as a result of the accident. Such loss of enjoyment can also be claimed.
• GENERAL DAMAGES:
The compensation for pain and suffering due to trauma as a result of accident at work constitutes general damages.
• INTEREST
You are entitled to claim interest on both general damages and special damages. The rate of interest will vary depending on whether the type of damage is general or special.
You are only entitled to interest once your claim has commenced in court.
Interest on general damages runs from the date you commenced your claim in court and interest on special damages runs from the date that your accident occurred.
• LEGAL COSTS
As a rule in UK law - the loser pays the winner's costs. This is true in a personal injury claim so long as the pain and suffering for your injury is worth over a certain amount - currently £1000 (in 2007).
For you to be entitled to receive your legal costs prior to commencement in court of your claim - your accident lawyer must accept the accident at work compensation claim on your behalf "subject to the payment of legal costs".
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