Can You File a Personal Injury Claim for a Workplace Accident?

So if any of these sound familiar you might have a claim. But not so fast.

Workers’ Compensation vs Personal Injury Claims: What’s the difference?

Okay, but what about workers’ compensation? How does that fit in with all of this?

Workers’ comp is what you get when you get hurt at work. It’s an insurance policy that pays your medical bills and lost wages while you’re off work. And you get workers’ comp without having to prove someone was to blame. That’s because workers’ comp is what lawyers call a ‘no-fault’ system. The idea is you get benefits no matter who caused the accident.

But workers’ comp has a cap. Payments are capped; you can’t sue your employer for more. Enter personal injury. Personal injury claims are different. They focus on fault – specifically someone’s negligence. If your on-the-job injury was caused by your employer’s negligence (or someone else’s, such as a contractor’s) then, in addition to compensation for medical bills and lost wages you may be able to claim for pain and suffering, emotional distress and loss of future earning capacity.

But How Do You Know If Negligence Was Involved?

That’s a good question. Negligence is a legal term but, essentially, it just means someone wasn’t careful enough and that lack of care caused your accident: For example:
1. Your employer didn’t provide proper training for a dangerous job.
2. There was faulty equipment and management knew about it but didn’t fix it.
3. Safety protocols were ignored or the work environment was unsafe.

If any of these are true then you might have a negligence claim. But it rarely stops there: proving negligence is much easier said than done. Evidence, witnesses and possibly a few law degrees to steer you through the murky waters of personal injury claims are often required.

When Can You Make a Personal Injury Claim?

So, will you be able to claim personal injury from your work accident? If someone else was to blame, yes. But let’s dig a bit deeper. Let’s break it down:

Negligence or Fault

As above you should be prepared to prove someone else’s negligence caused your injury. Maybe the employer didn’t maintain equipment or didn’t follow procedures.

You Were Hurt

Pretty straight forward. You can’t claim for something that just brushed past you – or for an injury that didn’t actually hurt you. So hobbling around with a broken ankle, or still dealing with a long term injury? Then you’re in the money.

Within a Certain Time Limit

Generally in the UK you have 3 years from the date of the accident to claim personal injury. There are exceptions such as if you didn’t know your injury was work related until later but 3 years is the norm.

What Can You Get?

When you claim personal injury you’re not just looking to get back your medical bills – although that’s important. You can be compensated for:
1. Lost wages: if your injury has stopped you from working you can claim for the money you’ve missed out on.
2. Loss of earnings in the future: If the injury is long term or permanent and affects your ability to work in the future then you can claim for that too.
3. Damages for pain and suffering: You can recover from more than just the physical injury. For instance the mental anguish and stress you’ve endured.
4. Medical expenses: Counselling, special equipment, out of pocket expenses for your treatment, rehab or even treatment in another country.

That all adds up and that’s why it’s worth making a personal injury claim if you are seriously injured at work.

Do You Need a Solicitor?

It’s here that many people run out of steam. You might be thinking: ‘Do I really need a solicitor to claim?’ The answer is: ‘No, not necessarily but it would certainly help’. Claims for work accidents and personal injury can be complicated especially when it comes to proving a case of negligence. An experienced solicitor will know the law, the evidence you need to prove your case and how to deal with insurers.

And most personal injury solicitors operate on a No Win No Fee basis. This means you won’t pay them anything upfront. Instead if your claim is successful they’ll take a portion of your compensation money. So you won’t be out of pocket – unless you win.

Looking for a solicitor? Visit No Win No Fee Solicitors Co for free advice and start your claim today without paying anything.

How to Claim Personal Injury

You’re ready to go. First thing to do is to get evidence. The better your evidence that the accident wasn’t your fault the stronger your case for winning the claim. Here’s a quick checklist to get you started.

Report the Accident

Make sure you’ve reported the incident to your employer and that it’s been written up and recorded in the company accident book.

Go to a Doctor

You’ll need medical records to support your injury. Even if you think it’s minor, get it checked out now.

Get Evidence

Pictures, witness statements and documents showing unsafe working conditions will help your case.

Keep a Record of Expenses

Anything you’ve had to pay out as a result of the accident – doctor bills, travel costs to treatment and so on – note it down.

Then once you’ve done that make an appointment to see a solicitor. They will advise you on your case and whether you have a good claim and take you through the process.

Final Thoughts: Is It Worth It?

If you’re unsure about making a personal injury claim ask yourself: ‘How has my injury affected my life?’ If it’s caused you pain, stress or financial loss then you might have a claim.

You don’t have to go it alone; with the right solicitor and the right case you could be on your way to compensation. Most solicitors operate on a No Win No Fee basis so even if you don’t win your case you won’t pay a thing upfront. You’ve been through enough already – don’t let your work injury cost you more.