What Happens If I Was Injured At Work And Claim?
If you are unfortunate enough to have been injured in an accident at work, then you have probably pondered about making a claim, but are concerned that doing so may affect your position or employment status. If that’s the case, it’s important to remember that you are legally entitled to make a claim for compensation, and nobody can stop you doing that. It is also against the law for your employer to discriminate under the circumstances, so sacking you or even reducing your hours can lead to further claims.
If you are thinking about going ahead with a claim, then you should definitely consider talking to a legal advisor such as those at UK Claim Lawyers (visit site). A legal advisor will be able to help you ascertain your eligibility for making a claim and answer all of your claims-related questions, as well as give you an estimated pay out figure. You will be guided through the claims process and at the end of your call, you will have a clear idea as to what happens if you were injured at work and you make a claim against your employer.
When making an accident at work claim, there are three things to keep in mind:
- You cannot be sacked or punished for making a claim
Under UK law, you cannot be sacked or punished for making a claim. You are entitled to seek compensation from your employer. Under the Management of Health and Safety at Work Regulations 1999, employers have a duty of care for their employees.
- You need to prove that your injury was not your fault
Health and Safety legislation makes it very clear that it is the employer’s responsibility to take care of their employees, however it also makes it clear that employees have a duty of care for their own health and safety and that of others. When you make a claim, the first thing your solicitor will do is ascertain the facts surrounding your case. If it isn’t clear-cut – meaning it is difficult to prove liability – then your solicitor may request records from your employer and look for any lapses in Health and Safety enforcement.
- You will have to attend a medical examination
You will have to attend a medical examination as part of the claims process. This will usually take place within the first two weeks of your claim. The examination will be set up by your solicitor with somebody specialising in your injuries. The examination will ascertain the extent of your injuries, your recovery period and your prognosis for the future. This will then be used to calculate a fair and proportionate settlement figure.