Cheshire Accident At Work Claim Solicitors

Having an accident at work can be a very distressing experience. On top of any injuries sustained, many workers also worry about how their employer will respond.

In these situations, Our accident at work solicitors can help you understand your legal rights and workplace accident claim options.

Can I Claim For My Injury At Work?

You can pursue a personal injury claim if you were injured in a workplace accident that was not your fault and can prove that someone else’s negligence caused your injuries. By law, all employers have a duty of care and are legally responsible for the safety of their staff. This responsibility includes maintaining Employer’s Liability Insurance and adhering to Health and Safety regulations. If your employer has failed in their duty, leading to your workplace injury, you may have the right to claim compensation.

What Compensation Can I Claim?

A compensation claim for a workplace injury can cover a range of damages to ensure fair support for your recovery and financial stability.

• Loss of earnings for time off work
• Medical costs and medical expenses related to treatments and rehabilitation
• Special damages for out-of-pocket expenses, such as travel to medical appointments
• Maximum compensation for pain, suffering, and loss of amenity if the injury affects your quality of life
• Compensation for any impact on your employment rights or benefits due to the injury

Your employment status at the time of the accident; whether full-time, part-time, zero-hour does not affect your legal rights to pursue compensation.

When Can I Make A Claim For An Accident At Work?

In most cases, you have a three-year limit from the date of the workplace accident or the diagnosis of a medical condition caused by the accident, to start your compensation claim. However, there are exceptions to this time limit:

1. Defective work equipment: if your injury was caused by a piece of equipment that had a manufacturing defect, the time limit may differ.
2. Mental capacity: If the claimant no longer has the mental capacity to make a claim for compensation themselves, then there is no time limit for making a claim.
3. Accidents while working abroad: if your accident happened while working abroad, the time limit for making a claim may be shorter.
4. A fatal accident: the three-year limit begins from the date of death, even if a personal injury compensation claim has already been started.

Documenting the accident by keeping medical records and official records is essential for building a strong case. Our team can guide you through the legal process and help you understand the compensation you’re entitled to.

Common Types Of Workplace Injuries

Workplace injuries can vary widely, from minor injuries to severe injuries that have a lasting impact. Here are some common injuries

• Physical injuries such as sprains, cuts, and knee injuries due to slips or falls
• Traumatic brain injuries and spinal cord injuries, which can result from falls or heavy impacts
• Crush injuries caused by machinery or defective equipment
• Exposure to hazardous substances, leading to Industrial Diseases or respiratory issues
• Construction accidents and injuries specific to construction workers, often involving faulty equipment or dangerous working practices
• Complex injuries that involve multiple areas of the body or lead to life-changing injuries

How Do I Make A Workplace Injury Claim

It is advisable to begin the claims process as soon as possible after your accident at work. When making a claim for an injury at work, there are several things you can do to help put your case together:

• If applicable, ensure you inform your Health and Safety representative about your accident as soon as possible.
• Notify your employer immediately and complete a short accident report with a full record in an accident book maintained by the company. Make sure that it is based on fact and not an attempt to suggest who you think is to blame.
• As soon as you are able to, write a clear description of the accident details, then sign it and date it for official records.
• Try to get the names and addresses of anyone who witnessed your accident.
• Ask if the scene of the accident can be preserved. Try to get photos taken of the accident scene for additional evidence.

For further legal advice and support, our expert solicitors at Gavin Edmondson can speak to medical experts with your permission and guide you through gathering the necessary records and evidence needed for a successful accident claim.

Can I Make An Accident At Work Claim If I'm Partly at fault?

If you were partially at fault for an accident at work, for example, not looking where you were going, you may be able to make an accident claim that is subject to what is known as ‘contributory negligence'. If a hazard caused a collision or something else that could have been partly your fault, your claim will be deemed ‘split liability'.

Split liability is when both the employer and employee share responsibility or a court finds partial liability based on negligence. You'll receive a percentage of the total personal injury compensation based on how much you were at fault. You can't make a civil claim if the accident was entirely your fault.

Will Claiming Accident At Work Compensation Affect my job?

Employment law protections are very clear on this matter. If the workplace accident was either fully or partially the employer's fault, your employment rights ensure you can't be dismissed for making a claim. Your employer also can't penalise you or make your working life harder as a result of making a claim.

At Gavin Edmondson Solicitors, we understand that concerns about job security can be a significant barrier to seeking compensation. Our personal injury lawyers are here to provide guidance on how to protect your position while pursuing fair compensation.

Will I Get Sick Pay After An Accident At Work?

If you need to take time off because of a workplace injury, check your employment contract for details about your sick pay entitlement. Your contract of employment should outline whether you are entitled to Statutory Sick Pay (SSP) or a higher rate of contractual sick pay.

It's also best to make an appointment to see your GP as soon as possible. They can record the details of your accident in your medical records, as well as provide medical treatment for your injuries.

This medical evidence may be essential if you decide to pursue a personal injury claim to cover any loss of income or additional medical care costs related to your workplace accident.

Why Choose Us for Your Accident at Work Claim?

Our personal injury solicitors bring experience and expertise to every case, providing clear guidance and support throughout the claims process. We operate on a no win no fee basis, meaning you won’t face any financial risk.

Our success fee structure ensures we’re committed to achieving the best outcome for you, whether the accident took place at construction sites or in other workplaces. We also handle a broad range of cases, from minor injuries to complex claims, always delivering exceptional service and care.