Injury at work compensation 101

BusinessManagement

  • Author Patrick Mcginty
  • Published April 19, 2011
  • Word count 701

According to the law, your place of work is responsible for providing a safe working environment. This means that if you have suffered an injury at work, by law you are entitled to seek compensation. This should include help with medical bills and a re-imbursement of earnings lost due to the injury and time off work.

However this may not be as simple as one may think, as some employees have taken advantage in the past, meaning that both insurance companies and the law can be reluctant to compensate accidents at work.

Like any other insurance, the incident leading to injury at the work place will be thoroughly investigated in order to determine the cause. In order to receive compensation for work injury, it is vital to prove that the fault lies entirely with the employer. This means that the employee cannot in any way be liable for the accident due to carelessness, negligence or not following working guidelines.

Determining Events Surrounding the Incident

To make sure you have the utmost chance of proving you were a victim of injury at work, it is vital to follow these guidelines.

  • Report the accident to your employer as soon as possible and make sure this is recorded. Employers are required by law to keep an "accident book" precisely for this reason. If your working injury is too serious for you to ensure it is recorded, make sure someone else, perhaps a colleague or spouse follows this up.

  • See a medical professional who will be able to assess the extent to your injury and if needed he or she will be able to back up your case in court.

  • If there were any witnesses, record their evidence and make sure they provide as much detail as possible. In addition if similar incidents have happened in the past, the "accident book" will reflect these, making your claim stronger.

  • Be sure to find a solicitor who is qualified and experienced in dealing with injuries at work. Make sure you employ your solicitor at a "no win no fee basis". This will ensure that you have the best possible case to receive your accident at work compensation and failing that, you will not be landed in a financial struggle to reimburse the legal fees.

  • Consider if you were provided with adequate training- it is solely your employer’s responsibility to provide you with the training needed to avoid injuries at your work place.

  • If there were any issues with working equipment leading to an accident at your work place, this should be highlighted and recorded. Evidence of the equipment in question will be paramount.

Compensation for Working Incidents

Your injury at work compensation will depend on your personal case, as there are different types of compensation to reflect the specific circumstances. For example you may be compensated for general damages, special damages or damages leading to you no longer being able to perform your work.

Below is a breakdown of the specific meanings to different compensation for work related injuries:

General Damages

Compensation for general damages is paid out on the basis of the suffering endured as a result of the work injury, resulting in the employee no longer being able to lead the same lifestyle. For example, a spinal injury making it difficult for the person in question to take part in activities they used to.

Special Damages

Special damages compensation is given on the basis of financial hardship, which may include earnings lost, medical bills, cost of care and domestic bills resulting form the accident at work.

Long Term Damages

This compensation is necessary if the employee is no longer able to carry out his/her profession permanently.

Summary of Injury at Work Compensation

If you have suffered an injury at work, it is essential to be meticulous about gathering all the evidence necessary. Approach the case as soon as possible, get backing from a knowledgeable solicitor and ensure to get advice from a health professional. Many people fail to follow up on claiming compensation, fearing they may lose their job. But if your working injury was not your fault, you will receive the full support of the law.

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