WORK ACCIDENT CLAIM ADVICE

You are not automatically entitled to make a work accident claim just because you have had an accident. To be able to obtain compensation you must succeed in proving that the accident was the result of somebody elses fault (or in legal terms negligence).

In proving negligence, you must be able to answer yes to everyone of these questions:

• Did the other party owe you a duty of care (in the legal sense)?

  
  
  • What is a duty of care?

    • A duty of care is essentially that one should avoid acts or omissions that are likely to result in harm to another person. It is generally established for example, that an employer has a duty of care to an employee to minimise the risk of harm that may be caused by use of dangerous machinery or hazardous chemicals. Similarly, doctors owe their patients a duty of care to avoid harming their patient when treating them.

• Did that party breach their duty of care?

  • Proving breach generally involves showing that your injury could have been avoided, had the person who owed you a duty of care taken the appropriate steps to prevent or minimise the risk of your injury occurring. The risk must be one that is real and foreseeable. Examples where a breach may be said to have occurred include :-

    • tripping and falling at work because the premises were kept untidy or were slippery and therefore unsafe.
    • an amputation, dislocation or fracture injury at work because the machinery was unsafe, lacked guards, or was not properly maintained.
    • chemical burns at work because proper protective clothing had not been provided.

• Did you suffer damage (injuries, disabilities, loss) as a result of that breach? Even if you were partly responsible for your injury at work, then you may still be able to make a work accident claim. Contributory negligence is the legal term used when the injured person was partly to blame for their injury. If a court finds, for example, that you were 30% to blame for your injury, then the value of your compensation claim will be reduced by 30%.

  • If you are unable to do things that you could have done prior to the accident, and have suffered or continue to suffer psychologically and/or physically, you will be entitled to general damages. The amount of general damages that you will be entitled to will depend upon the medical evidence in your case, the extent of your symptoms, whether you have made a full recovery, and other factors.
  • Special damages are intended to compensate you for out of pocket expenses. Examples of special damages include: medication charges, medical bills, physiotherapy costs, income loss, loss of business profit.

Here are 3 good reasons to choose our lawyers:

1. Our lawyers will provide you with legal advice on your rights and entitlements to compensation with no further obligation.
2. Our solicitors are specialists with extensive experience in negotiating, settling and litigating accident compensation claims.
3. If you decide to instruct any of our specialists to obtain compensation for you, they will act on a no win no fee basis. Compensation is paid in full and win or lose there is no charge.