Each Employers’ Liability case is assessed individually and is dependent on supportive medical evidence. You can claim for: General Damages – Made for the pain, suffering, and loss of amenity of life that are evidentially linked to the accident at work directly. The pain and suffering element of the award compensate for all past, present, and future physical and psychiatric symptoms. Loss of amenity means the inability to complete activities, either temporarily or permanently, after an accident, which could be undertaken before. This is an award designed to compensate you for the actual injuries suffered, and the effect those have had on your quality of life. Special Damages – Compensates for any financial losses or out-of-pocket expenses as a result of the accident at work. This would include (but not limited to) loss of earnings, medication or prescription charges, travel to appointments or any cost of care for the extra care you have needed from family or care providers. If you are unable to do tasks like gardening, walking the dog, and have to pay for these services as a consequence of your accident and subsequent injuries, these can also be claimed for. This can also include any future loss claim and if you are unable to return to the same job as a result of the accident at work, you can claim for a lump sum based on your wages known as Smith v Manchester award. This is where it can be proved that as a result of your injuries, there is a risk you would find it more difficult to obtain similar employment. However, an injured person has a duty to take reasonable steps to minimise their losses/expenses. This is called mitigation of losses, and a Court will assess whether or not the loss was reasonably incurred, before making an award.

Whether you are an employee, agency worker or contractor you may be able to make a claim for an accident at work. In many industries, companies tend to hire contractors and self-employed workers to carry out work on projects. It is a misconception that self-employed workers are always responsible for their own workplace health and safety. Whilst it is true that they would usually have to take out their own insurance to cover certain aspects, in some circumstances they can claim if they are injured due to the actions of an employed person. Depending on the relationship between the company and contractor, a self-employed contractor may be able to establish that the accident and subsequent injury was caused by another person or company. This is largely because the self-employed person will usually have no control over the health and safety and/or risk assessments for the site they are working on.

We hope the above information is useful to you. If you would like to bring a claim following an accident at work, call Oakwood Solicitors Ltd to speak to a legally qualified solicitor or paralegal, who can give you free advice on whether you are eligible to make a claim. You would have to bring a claim within 3 years from the date of your accident, but we would advise that you bring a claim as soon as possible to pursue the matter. We are of the belief that it is better to get peace of mind by checking if you have a claim, rather than letting the time run out and never knowing.

Remember, legal proceedings must be commenced within 3 years from the date of your accident. Failure to do this may result in your claim being time-barred and you may not be able to make a claim for compensation. If a loved one has deceased, the time limit for bringing a claim is 3 years from the date of death.

It will depend on various matters, such as: Level of your injury Ongoing treatment Whether your employers admit fault Whether proceedings would need to be issued to secure compensation Speed of communication between parties Issues with your medical records/reports Each case is different and whether an insurance company agrees to deal with a case depends on a number of factors. It is therefore very difficult to advise on the length of time a case may take as it may be that it is not clear who is responsible for your accident. Your solicitor will advise you if there are issues that arise which mean the duration of your case will be affected.

The level of danger that an employee is exposed to depends on the kind of job that they do, as well as a whole host of other factors. The following jobs are considered to be the most dangerous where employees can suffer injury from an accident at work: Painter and decorator – Usually on ladders working at heights. Nearly a fifth of all fatalities in the workplace are due to falls from heights. Electrician – Exposed not only to the risk of electricity but also from working again at heights. Civil engineer – At risk to heavy machinery, heights, being struck by moving vehicles and electricity. Refuse collector – Potentially face being run over at roadside as well as exposure to bacteria from the refuse and heavy machinery in recycling plants. Last year 10% of all fatalities were from this sector. Miner – Host of hazards such as the risk of mines collapsing, working with heavy machinery and exposure to dust particulars. Considering that mines are not as prominent as they were they still account for 3% of all fatalities. Mechanic – A risk not only in the garage such as injuries from cars, bikes, buses and vans but also being called out to roadside rescues. Lorry driver – Long days on the road in a variety of different weather conditions with heavily loaded vehicles, There were 14 deaths in one year in this industry alone. Factory worker – Risks due to the risk of crushing, damage to hands, working with heavy machinery, etc. Farmer – Often work alone. They work with heavy machinery, exposed to potential animal attacks, moving vehicles. 20% of workplace accidents happen on farms. Builder – Including roofers and scaffolders. Considered to be the most dangerous job where employees are exposed to constant height issues, electricity, and risk of collapsing structures.