Accident at work claims – frequently asked questions
Can I claim for an accident at work?
If you have been injured in a workplace accident which was not your fault then you could be entitled to make a personal injury* claim. All it takes to find out if you have grounds for a case is one quick call to 1890 252467 today.
My accident happened several months ago, is it too late to make a claim?
No. The victim of an accident at work can make a personal injury claim up to two years after the date of the accident.
What are my rights?
If you have been injured in an accident at work which was not your fault, you could be entitled to damages. You can claim for the pain and anguish caused, the medical services required and any subsequent loss of earnings, so long as it can be proven that the accident was caused by the negligence or malpractice of another party, particularly your employer.
Can I lose my job for claiming after a workplace injury?
Claiming for a workplace injury cannot affect your job. Employers, even very small businesses, generally hold liability insurance to pay out in these events so that any damages will not come directly from their pocket. In most cases making a claim actually makes the workplace better and safer for you and your colleagues, since corrective measures are taken to prevent further accidents.
Is there a time limit for making a workplace injury compensation claim?
In the vast majority of personal injury cases a strict time limit is enforced. A claim for a work accident must be brought within two years of the accident.
In claims involving workplace diseases procured over time, the claim must be brought within two years of the symptoms being discovered, or when the symptoms are linked to the working environment. In work accident claims involving death, the two year period begins at the date of death or when the death was linked to the incident or accident in question.
In cases involving minors, the two year period will not begin until their eighteenth birthday.
Two years might seem like a long time, but it is important to seek expert legal advice as soon as possible in the case of an accident.
Can I make a work injury claim if my employer is no longer trading?
Yes, if the company or employer held liability insurance at the time of your accident then damages can still be claimed.
What does no-fault accident mean?
A no-fault accident is one that you were not responsible for causing.
What does contributory negligence mean?
Contributory negligence means that the cause of the accident was partly your fault. The proportion of blame must be decided by the insurers and solicitors involved in the case, whether 50/50, 60/40 or other. If liability is established at 50/50, you would be entitled to claim 50% of the repair and 50% of a personal injury settlement.
If I have an accident that was partly my fault can I claim for the injuries I sustained?
Yes, you are able to claim a proportion of the personal injury damages depending upon your proportion of the blame.
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