In a successful personal injury claim you will receive compensation for your injury and the pain and suffering and also all of your past financial losses and future losses. If the medical evidence supports the fact that an individual may never be able to work again, then we will claim all future loss of earnings. These are calculated in a specific way and there has to be a discount in the calculation to allow for the fact that not only will payment be made in a lump sum but we also have to factor in the uncertainties of life. A 35 year old man may never work again because of his injuries and his future loss of earnings will be calculated to the age of 65 but, there are no guarantees that he will reach that age.
Yes you can, and it will be successful if you can prove that your employer had not taken reasonable precautions for your safety and could have done something to prevent the injury occurring. Please see our Harassment & Violence at Work Compensation Claims Page for more information.
Do not sign anything without seeking legal advice. The compromise agreement may include a clause which then prevents you from making a personal injury claim. You must let us know straight away if you have been asked to sign such an agreement. We will then ask you to send us a copy of the agreement so that we can advise you further.
You shouldn’t be dismissed if you bring a claim for compensation. If you do lose your job and you think that it has been because you have made a compensation claim, you must let us know straight away as you may then have a separate claim for unfair dismissal.
There are two types of sick pay Company Sick Pay (also called contractual or occupational sick pay) and Statutory Sick Pay.
If your employer runs their own sick pay scheme it is a ‘company sick pay scheme’ and you should be paid what you are due under that. If you are not entitled to anything under a company scheme, your employer should still pay you Statutory Sick Pay (SSP) if you are eligible.
Details of your company sick pay entitlement should be included in your contract of employment.
We will take full details from you as to the circumstances of the accident and the injuries suffered.
If you have a claim for compensation then we will act on your behalf on a no win, no fee basis.
All accident at work claims are now submitted to the employer’s insurers on an electronic portal. We are able to carry out searches to establish who the correct insurers are.
Your compensation claim will be evidenced by a medical report and so we will obtain copies of your medical records and will instruct an independent medical expert to examine you and provide us with a report.
We will obtain details from you in relation to any out of pocket expenses, which should be included in the claim.
We will make an offer to your employer’s insurers to settle your claim and if settlement is not possible, we will issue Court proceedings providing we feel that you have reasonable prospects of succeeding.
Rest assured that we will keep you updated and advised at every step of the way.
Your employer should have ’employer’s liability insurance’ in place and so if you do make a successful claim then your compensation will be paid out by the insurers and not your employer. However, on rare occasions the agreement between your employer and the insurance company may state that claims falling below a certain financial figure will be paid out by the employer and not the insurer.