How Do I Provide Evidence For A Claim For My Injury At Work?
Posted on 8th April 2020
Accidents happen and whilst some might be absolutely clear-cut, leaving no room for doubt, others can be open to interpretation, particularly if you were not there at the time and familiar with the machinery, equipment or layout in the workplace.
It is also the case that you employer and their insurance company will almost certainly assess the prospects of Defending or at least diminishing your claim before agreeing to settle any aspect. MG Legal, your Personal Injury Solicitors Longridge, have extensive experience in dealing with and winning Accident at Work Claims (see our excellent reviews, here) and we have identified the most important aspects of the claim, particularly those you can help with.
What should I do after an accident at work?
First and foremost, look after yourself and any injuries you might have. Remember, you have sustained an injury, and as tempting as gathering evidence might be, if you have a head injury, serious lacerations or are in excruciating pain, medical assistance should always be your first priority.
Provided you are not seriously injured, things you can do include:
• Taking photographs of the scene
• Noting any witnesses and asking if they saw the incident occur, or know of any faults in the equipment
• Completing an accurate accident report with your Manager/Supervisor
• Writing a brief note for your own records to remind you of key points
These first steps can be very helpful, especially if the case is disputed and any denial of liability states things were not as you recall. MG Legal, your Personal Injury Solicitors Longridge, recommend that you do seek medical advice if any of your symptoms are troublesome or persist. Plus, if you need to be absent from work for more than five days, you will need to obtain a formal Statement of Fitness to Work from your GP.
What losses can I claim?
You can claim for any losses related to the incident, which will always stem from your injury itself. Other losses, also known as Special Damages, include:
• Lost earnings, including lost overtime
• Damaged items such as clothing, phone or glasses
• Medical treatment costs, such as physiotherapy, prescription charges and over-the-counter medication
• Care costs, which include your spouse/partner/family/friends looking after you – these are particularly common following back injuries or those to extremities such as broken arms and legs.
• Travel costs to and from appointments
• Other losses such as gym memberships you cannot use, missed holidays or events and one-off equipment purchases to assist you during any period of incapacitation
How much is my Injury worth?
This is the question everyone wants answered and it is typically the one that we cannot answer until the claim is well progressed. Medical evidence is required to assess the severity of your injuries, how long it will take to recover and if you will make a full recovery. MG Legal, your Personal Injury Solicitors Preston will arrange for you to see a suitable independent medical expert to fully detail your injuries. This is a requirement of your claim and so we have spent time building a network of medical experts in various venues to ensure our clients have access to the right expert, as locally as possible.
More simple injuries such as a soft tissue injury to the back lasting 12 months will usually attract an award of £3500.00-£3800.00. Cases of back injury where recovery takes much longer or if minor surgery is required can reach £15000.00-£20,000.00 and more serious injuries still, which are likely to affect your ability to work and potentially your ability to live a ‘normal’ life can reach £100,000.00. Our Personal Injury Solicitors in Preston have recently settled an accident at work claim in excess of £400,000.00. The benefits of using one of our local personal injury solicitors really are dramatic.
By the time we reach £40,000.00 and above, you will likely be looking at life-changing injuries which require significant care going forward and so, whilst MG Legal, your Personal Injury Solicitors Preston wish to maximise your award, we do not wish to be talking of these types of awards as we would not wish this type of injury on anyone.
How do I make a claim?
Contact MG Legal, your Personal Injury Solicitors Preston to discuss your claim. We will put you straight in touch with one of our specialist Personal Injury Team who can talk through the incident and your injuries. We aim to accept all Personal Injury Claims on a Conditional Fee Agreement (no win, no fee agreement) basis to ensure you have access to the legal representation you need at all times.
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