Can I Make A Claim For An Accident At Work?
Posted on 7th April 2020
Accidents at Work are a common type of claim, so common in fact that they have their own Pre-Action Protocol in the Civil Procedure Rules. MG Legal, your Personal Injury Solicitor in Longridge, acts for people who have been injured at work and we secure favourable awards for our clients on a regular basis. But one of the first questions we are asked when speaking to new clients is “is a claim against my employer worth the trouble?”
Your rights, set in stone
f you have an accident at work and sustain an injury, any good employer will want to make sure you’re ok and then, write a report in the accident book. More serious injuries might also be legally reportable to the Health and Safety Executive. The most famous case the Health and Safety Executive have been involved in, that our personal injury solicitors can think of recently, is when Harrison Ford suffered a personal injury on the set of one of the new Star Wars films.
You do, in any incident where the fault was not your own, whether by some fault of your own employer or a third party they have invited on-site such as sub-contractors or delivery personnel, have a right to make a claim for personal injury compensation, and any associated losses such as lost earnings, treatment costs or travel expenses.
You also have the right not to be treated differently just because you have been injured, or because you are making a claim. If you have over two years’ service and you are dismissed because of your claim or you are forced to resign, it would constitute an Unfair Dismissal and you would have the right to make a claim under the Employment Rights Act 1996. This is, in truth, an unusual scenario as most employers are sensible of this eventuality and do not want to bring any more trouble to the table.
What can your employer do?
Legally, nothing, it’s illegal to treat you differently because of a claim. Sometimes, particularly at a smaller firm where it may feel more ‘personal’ to your employer or at a larger firm where your Manager of Supervisor has made a mistake and your claim has drawn attention to it, the atmosphere can be a little difficult for a while. However, you are ultimately an employee, who has been placed in a position where you have been injured and it is generally the case that the atmosphere will ‘blow over’ in a few weeks, talk will quickly move on to some fresh new event of interest and the claim, now handled by insurers, will be forgotten. Except when you get your settlement and it’s suddenly your round every time.
An impersonal process, at least for your employer
In the longer term, claims are handled by Personal Injury Solicitors and Insurance Companies and so, once your employer has given their version of events to their insurer, the only one personally involved will be you, because you are the injured party. If you instruct MG Legal, your Personal Injury Solicitor in Longridge, we will likely be dealing with a large insurer based in London, Leeds or Newcastle. The person with day-to-day conduct of your file at the insurer will have fifty more files and so, you are simple a reference number and a task to get rid of.
MG Legal take a more personal approach as we value our local clients and community and our aim is not to simply throw a big advertising ‘net’ out and catch what we can but to offer a reliable, reputable and above all recommended service to local clients. Our personal injury solicitors are considered the best in the area, and we will handle your claim as we speak to you, as an individual, with individual injuries, concerns and questions. We do our best to be approachable and to explain the claim, progress and future steps in terms that you understand.
How much is my claim worth?
The question on everyone’s lips and usually the answer we can’t give until we have an expert medical report detailing your injuries. Each case is assessed on an individual basis, however, ballpark figures for a few more common injuries are generally £3,500.00-£3,800.00 for a soft tissue injury to the neck, lasting 12 months, £10,000.00-£15,000.00 for a fractured wrist requiring surgery and up to £20,000.00 for a badly fractured ankle.
MG Legal, your Personal Injury Solicitor in Longridge will assess your claim individually and we will ensure that when we value your claim, we explain exactly why we are valuing it as we are and any factors to be taken into account. The above figures are, of course, simply figures for your Personal Injury and so not include any other losses such as the aforementioned loss of earnings, travel costs, treatment costs or care costs.
How to instruct MG Legal?
Get in touch with MG Legal by phone, email, web-contact form, online, here… or at one of our offices in Longridge, Garstang or Lancaster. We will put you straight through to a member of our Personal Injury Team who will discuss your claim and provide advice on how we can proceed. We aim to accept all Personal Injury claims on a Conditional Fee Agreement (no win, no fee agreement) to ensure that you have access to our services whatever your circumstances. Contact us today and we will have the ball rolling straight away.
MG Legal – Your Local Solicitors
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