A serious injury at work can have a devastating impact on both employees and their loved ones. While some injuries are recoverable and may not leave permanent damage, other injuries are life-changing. Serious accidents can cause catastrophic disabilities that lead to long-term physical pain, mental anguish and financial instability.
There are a lot of people who are put off from making an accident at work claim out of the fear that they will lose their job. It is however illegal for your employer to dismiss you on the basis of you making a personal injury claim against them, so it is important not to let this hold you back.
All companies are required by law to have employer’s liability insurance in place, in case any event occurs in which an employee is injured at work. Any injury claims made against your employer are therefore managed by their insurance company, which can eliminate some discomfort from the process for the claimant.
Insurance companies often offer a pay-out for your injuries before you make a claim. The figures of these pay-outs tend to be lower than the settlements people could receive by pursuing their claim through a solicitor, and by accepting this offer, you cannot then make a compensation claim. Insurance companies are likely to offer such settlements before you even have established the extent of your injuries as well as how they affect your day-to-day life.
The decision to start your Personal Injury claim can be extremely difficult, especially when there are so many myths surrounding the topic which can cloud your judgement.
Myth 1 – I cannot make an accident at work claim because I no longer work for the company
It is widely believed that you must still work for a company in order to make an accident at work claim, but this is not true. In fact, many people feel urged to claim against their employer soon after being injured at work, particularly when they feel they have been treated differently, or there has been a lack of support from the company following the incident.
You have 3 years from the date of your workplace accident to make a claim. However it is recommended that you issue proceedings as soon as possible, as it can be difficult to obtain the evidence needed to support your claim the longer you wait.
Myth 2 – I will lose my job if I claim against my employer
Legally, your employer cannot treat you differently, demote or sack you because you made an injury claim against them. If your employer does any of the above and you have been employed by the company for more than two years, you may have grounds to make a constructive unfair dismissal claim in addition.
It is worth noting that not all cases result in an uncomfortable battle between employer and employee. We have dealt with many claims where the company accepts liability for the accident and employers go out of their way to ensure that the claimant is able to return to work either in the same role with adjustments made to help them carry out their duties, or in an alternative role which better suits their physical and mental capabilities.
Myth 3 – I cannot claim if I’m self-employed an injured at work
Self-employed workers are commonplace in many different industries. Regardless of whether you are a contractor, a self-employed worker or a permanent employee, the company or individual who has hired you, must by law, ensure that you are operating in a safe working environment and provide you with adequate training before you begin.
In the event that these health and safety regulations are not adhered to and you are injured as a result of an accident at work, you may be entitled to compensation for your pain, suffering and loss of earnings.
How our experts can help you
Any accident involving injury can be a traumatic experience. Recovery from such injuries can take time or be life-changing. The financial impact from a loss of earnings and medical costs can be significant, putting you at risk at a time when you are at your most vulnerable.
Stonehewer Moss Solicitors are here to provide you with the objective advice and support you need to get your life back on track. We can help secure financial compensation, rehabilitation support as well as other essential resources for you.
We handle the majority of cases on a No Win No Fee basis. Watch this short video to learn more.
Talk to one of our personal injury claims specialists
Call us on freephone 0800 434 6544 or 01606 87 22 00
