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workplace accident frequently asked questions

The answer is yes, providing the accident was caused by the negligence of another. See further questions below for more information.
In a successful work accident claim you will receive compensation for the pain and suffering from your injury, and 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. For example, 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.
You usually have three years from the date of the accident in which to bring your claim.
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, as we will then ask you to send us a copy 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 have a separate claim for unfair dismissal.
There are two types of sick pay:
  • Company Sick Pay (also called contractual or occupational sick pay)
  • Statutory Sick Pay
If your employer runs their own sick pay scheme, it is classed as 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.
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