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Work Accidents & Other Injury Claims
To begin a claim to be compensated for accidents at work there must have been some sort of injury, either mental or physical, for a compensatory amount to be set. Near misses and possible future harm are not classed under the personal injury litigation umbrella and therefore are not cases that will generally be processed successfully. A "work accident" does not have to be something dramatic and it does not always have to be an employer's direct liable action. In-action and any other sort of contributory negligence where the employer did not take all action necessary to prevent the injuries from occurring will result in the employer being held accountable for those injuries.
If in doubt, simply ask an employment and injury law expert. This type of accident is one where the benefits of using an experienced solicitor are simply immeasurable. Unlike some areas of personal injury work such as slips, trips or falls which can mostly be run by even the newest solicitor in the law firm, accidents in the work-place will often require some work to prove that the injuries you sustained were the result of your employer's actions and/or inaction rather than your own misfortune. With slip or trip claims on public highways there is an obvious defect that caused you to be injured and that defect is not your fault. Slipping or tripping at work can be far more complicated, for example, if you work in a kitchen where it is your own responsibility to keep the work area free from obstacles that you might injure yourself on. If the employer has set up a mop, bucket and wet floor signs and given instructions for such to be used in the cases of spills then it will be almost impossible to hold the employer liable for your accident. Such investigations require a lawyer that understands employer liability law and considerable experience to draw on is invaluable as a tool to not only ensure your case is won, but that it is processed and completed in a timely fashion. You will normally be able to tell if the solicitor or legal advisor you are talking to has such experience - but if you are unsure simply ask about their work history in this area to make sure you are getting the right person. Most law firms in the UK will offer you both "no win no fee" and "100% compensation" agreements for these types of cases so don't feel you have to dive in with the first firm that offers you such.
As stated before, a work accident personal injury compensation claim cannot be pursued unless you have actually come to harm whilst in employment. This must be supported by either witnesses, medical examination, health and safety reports and so on. A question that should be addressed early on, therefore, is "were you actually employed by that person?" - it is a common occurrence for claimants to think they are employed by someone when such is not the case. A case will run very differently should you actually be self-employed or supplied by an agency, even if you have been working for the same individual or company for years. Unlike most public liability claims, you may still have a valid accident compensation claim should the injuries be your own fault or are the result of an avoidable incident as good training is the responsibility of the employer also. The simplest way to set your mind at rest is to speak to work accident compensation lawyers, most will give you a free initial consultation or even just a phone call with no obligation to use their services and your employer should never be contacted without your permission.
Disclaimer: Although this site is updated from time to time the information provided may not reflect the current laws, procedures and/or facilities available to you. To ensure that you get the most up to date information make sure you consult an actual solicitor or other qualified legal advisor before pursuing any action. The articles on this site are for informational purposes only and are not intended to advise any particular action or inaction. Please read our terms of use for more information.
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