Claim Compensation For Shoulder Injury At Work
Shoulder injuries in the workplace represent a significant health concern that affects a broad spectrum of industries across the UK. These injuries not only cause pain and discomfort for employees but also lead to substantial economic repercussions due to lost workdays, decreased productivity, and increased compensation claims.
The shoulder is one of the most mobile joints in the human body, allowing for a wide range of movements. However, this flexibility also makes it particularly vulnerable to injury, especially in work environments that require physical exertion, repetitive motions, or sustained awkward postures. Whether it’s through sudden accidents or gradual wear and tear, shoulder injuries can severely impact an individual’s ability to perform their job and carry out daily activities.
We offer free initial advice for handling shoulder injury claims at workplace. When it comes to take on accident at work cases, we can offer a No Win, No Fee service. This means you don’t have to pay us anything if we won’t be able to secure compensation for you.
What Are the Main Causes of Shoulder Injuries in The Workplace?
To understand shoulder injuries, it’s helpful to know the basic anatomy of the shoulder. The shoulder is a ball-and-socket joint that allows a wide range of motion. It is stabilized by a complex system of muscles, tendons, and ligaments, which can be vulnerable to injury, especially under stress or repetitive use. Shoulder injuries at work can stem from a variety of factors, each related to the specific demands and environments of different jobs. The complex nature of the shoulder joint, combined with the stresses of workplace tasks, can lead to several types of injuries. Here are some common causes:
- Repetitive Motion: Certain occupations require repetitive shoulder movements, which over time can lead to wear and tear on the shoulder joints and tissues. For example, painters who frequently perform overhead strokes or warehouse workers who repetitively lift and move items onto shelves are at higher risk. These repetitive actions can cause conditions such as bursitis or tendonitis, characterized by inflammation and pain in the shoulder.
- Poor Ergonomics: The design and setup of a workplace can significantly impact the risk of shoulder injuries. Office workers who sit at non-ergonomically adjusted desks may experience shoulder and neck strain due to poor posture over extended periods. Similarly, assembly line workers who operate at stations not tailored to their physical dimensions may need to reach or twist awkwardly, placing additional stress on their shoulder joints.
- Accidents and Falls: Workplace accidents, such as slipping on a wet floor or tripping over misplaced objects, can cause immediate and severe shoulder injuries. Falls can result in traumatic injuries like shoulder dislocations or fractures, which not only require immediate medical attention but may also lead to long-term disability.
- Heavy Lifting: Improper lifting techniques are a prevalent cause of shoulder injuries. Lifting heavy objects without proper form can strain the muscles and ligaments of the shoulder. This is particularly common in construction and logistics, where handling heavy materials is a regular requirement. Teaching correct lifting techniques and using assistive devices can help mitigate these risks.
- Sudden Impact or Force: Jobs that involve a risk of sudden impact, such as collision sports coaching or working near moving machinery, can result in acute shoulder injuries. A sudden force can disrupt the shoulder’s normal alignment, leading to painful and disabling conditions.
- Cold Working Environments: Working in cold conditions can also exacerbate the risk of shoulder injuries. Cold muscles and tendons are less flexible and more prone to injury. This is particularly relevant for those working outdoors in winter or in refrigerated environments, such as in the food processing industry.
Understanding these causes helps in the implementation of effective preventive and corrective measures to reduce the incidence of shoulder injuries in the workplace. Employers must assess the specific risks associated with their work settings and tasks, and implement appropriate safety measures and training to protect their employees.
What is UK law about shoulder injury at workplace?
UK law regarding workplace injuries, including shoulder injuries, is primarily governed by the Health and Safety at Work etc. Act 1974, alongside other regulations specifically designed to prevent work-related injuries and to ensure that employees receive adequate protection and compensation if they are injured at work. Here’s an overview of the legal framework:
Health and Safety at Work etc. Act 1974
- Employer Duties: This act places a duty on employers to ensure, so far as is reasonably practicable, the health, safety, and welfare of all their employees. This includes providing a safe working environment, proper training, appropriate safety equipment, and risk assessments to mitigate hazards.
- Employee Rights: Employees have the right to work in environments where risks to their health and safety are properly controlled and managed.
The Management of Health and Safety at Work Regulations 1999
- Risk Assessment: Employers must conduct regular risk assessments that include the potential for shoulder injuries, especially in jobs involving manual handling, repetitive tasks, or use of force.
- Training and Information: This regulation also requires that employees are given adequate health and safety training and information, which could help prevent shoulder injuries.
The Manual Handling Operations Regulations 1992 (as amended)
- Manual Handling Risk: These regulations specifically address risks from manual handling activities. Employers are required to take steps to reduce the risk of injury to employees as much as reasonably practicable, which includes providing training on proper lifting techniques to prevent shoulder and other injuries.
- Assessment Requirements: Employers must assess manual handling operations and decide on appropriate safety measures to reduce the risk of injury.
The Workplace (Health, Safety and Welfare) Regulations 1992
- Workplace Design and Facilities: These regulations ensure that the workplace is designed safely and adequately maintained. This includes providing suitable workstations and equipment to prevent injuries, including shoulder injuries due to poor ergonomics.
The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR)
- Reporting Serious Injuries: Employers must report certain serious workplace accidents, occupational diseases, and specified dangerous occurrences (near misses). Severe shoulder injuries that result from workplace accidents might need to be reported under RIDDOR.
Workers’ Compensation and Personal Injury Claims
- Workers’ Compensation: Employees injured at work are typically entitled to statutory workers’ compensation, which can include compensation for medical expenses, rehabilitation, and lost earnings.
- Personal Injury Claims: If an employee believes their shoulder injury was caused by employer negligence, they might pursue a personal injury claim against the employer. This could result in compensation for pain, suffering, and loss of amenity, in addition to any financial losses.
Common Shoulder Injuries & Some Basic Treatment
Common Shoulder Injuries and Their Symptoms
Several types of shoulder injuries can occur at work, including:
- Rotator Cuff Tears: Characterized by pain and weakness, particularly when lifting the arm.
- Impingement Syndrome: Caused by excessive rubbing of shoulder muscles against the top part of the shoulder blade.
- Dislocation: Severe pain and inability to move the shoulder following a slip or fall.
Treatment Options for Shoulder Injuries
Treatment varies based on the severity and type of injury but may include:
- Rest and Ice: Initial treatment often involves rest, ice, compression, and elevation (RICE).
- Physical Therapy: Used to strengthen the muscles around the shoulder and restore range of motion.
- Surgery: In cases of severe injuries, surgical intervention may be necessary to repair damaged structures.
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How Can I Claim For Shoulder Injury at Workplace?
If you’ve sustained a shoulder injury at your workplace in the UK, you may be eligible to claim compensation. The process involves several steps to ensure that your rights are protected and you receive the appropriate compensation for your injuries and related losses. Here’s a guide on how to proceed:
1. Seek Medical Attention
First and foremost, seek medical attention for your injury. This ensures your health is prioritized, and it also provides documented medical evidence of your injury, which is crucial for any claim.
2. Report the Injury
Report the injury to your employer as soon as possible. This should be done in writing and should include details about the injury and how it occurred. Most workplaces have an accident book where such incidents should be recorded.
3. Document Everything
Keep detailed records of everything related to your injury and the circumstances surrounding it:
- Medical reports and treatment details.
- Details of any witness accounts.
- Photos of the area where the injury occurred, if relevant.
- Records of any previous complaints regarding potential hazards that could lead to injuries.
4. Understand Your Rights
Familiarize yourself with your rights under UK employment law. This may include entitlements under workers’ compensation laws and the right to claim for personal injury due to negligence.
5. Statutory Sick Pay (SSP)
If you need time off work due to your injury, check if you are eligible for Statutory Sick Pay from your employer.
6. Legal Advice
Consult with a solicitor who specializes in personal injury or employment law. Many solicitors offer a free initial consultation and operate on a no-win, no-fee basis. They can assess the strength of your case and guide you through the process of making a claim.
7. Gather Evidence for Negligence
If you are claiming negligence, you will need to prove that your employer breached their duty of care towards you and that this breach directly caused your injury. Your solicitor can help gather the necessary evidence and expert testimonies.
8. Consider Making a Personal Injury Claim
If your employer’s negligence led to your injury, your solicitor might advise making a personal injury claim. This can potentially cover:
- Pain and suffering caused by the injury.
- Loss of earnings if you’ve been unable to work.
- Future loss of earnings, especially if the injury leads to long-term impairment.
- Medical and rehabilitation costs.
How Much You Can Claim For Shoulder Injury at Work?
The amount of compensation for a shoulder injury at work in the UK can vary widely depending on the severity of the injury, the impact on your ability to work, and other personal circumstances. Compensation is calculated based on the specific details of the injury, including pain and suffering, loss of earnings, medical expenses, and any necessary adaptations to your lifestyle. Here’s a general guide to potential compensation amounts, along with examples:
General Compensation Ranges for Shoulder Injuries:
- Minor Shoulder Injuries:
- Amount: Approximately £2,150 to £7,000
- Details: This range typically covers soft tissue injuries where a full (or almost full) recovery is made within a few months to two years.
- Moderate Shoulder Injuries:
- Amount: Around £7,000 to £11,500
- Details: Injuries leading to frozen shoulder, with limited movement and discomfort lasting up to two years, without surgery.
- Serious Shoulder Injuries:
- Amount: Approximately £11,500 to £18,000
- Details: Serious damage to the shoulder that leads to significant pain, reduced mobility or disability over a few years but not permanent.
- Severe Shoulder Injuries:
- Amount: From about £18,000 to £45,000
- Details: Cases involving dislocations, fractures leading to shoulder deformity, or injuries requiring surgical intervention with long-term consequences.
Examples of Shoulder Injury Claims:
- Case 1: Minor Injury
- Scenario: An employee suffers a soft tissue injury to the shoulder after slipping on a wet floor at work. They fully recover within six months.
- Possible Compensation: Up to £7,000, covering temporary pain and suffering, minor medical costs, and a short period of missed work.
- Case 2: Moderate Injury
- Scenario: A construction worker sustains a rotator cuff injury requiring extensive physiotherapy and causes substantial pain and limited movement for up to two years.
- Possible Compensation: Approximately £10,000, considering ongoing therapy costs, longer-term loss of earnings, and significant non-permanent disability.
- Case 3: Serious Injury
- Scenario: An employee in a warehouse suffers a serious shoulder injury due to faulty machinery leading to permanent partial disability despite surgery.
- Possible Compensation: Around £35,000, reflecting chronic pain, loss of function, extensive medical treatment, adjustments in lifestyle, and potentially reduced earning capacity.
Factors Influencing Compensation Amounts:
- Medical Costs: Reimbursement for past and future medical treatment related to the injury.
- Loss of Earnings: Compensation for time off work and potential future earnings loss.
- Pain and Suffering: Consideration of the physical and mental distress caused by the injury.
- Additional Costs: May include costs for rehabilitation, adaptations made to home or car, and any other necessary assistance.
When pursuing a claim, it is beneficial to work with a solicitor who specializes in personal injury to ensure accurate representation of the injury’s impact on your life and to maximize the compensation received. The figures provided are indicative and based on guidelines and previous case law, and actual compensation may vary.
Can I claim if I was partly to blame for my shoulder injury at work?
Yes, you can still make a claim for compensation if you were partly to blame for your shoulder injury at work in the UK. This is known as “contributory negligence.” In cases of contributory negligence, the compensation you receive might be reduced based on the degree of your own responsibility for the injury. It’s where both parties (you and your employer) agree on a share of the blame. For example, this could be any ratio such as 50:50, 40:60 or 20:80.
Contributory negligence occurs when the injured party has also contributed to either the cause of the accident or the severity of the injury. For example, if you failed to follow the prescribed safety procedures or were not using the provided safety equipment at the time of the accident, it could be determined that you were partly responsible.
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Understanding Contributory Negligence
Contributory negligence does not prevent you from claiming compensation, but it does affect how much compensation you can ultimately receive. Here’s how it works:
- Fault Allocation: If it’s determined that you were partially responsible for your injury, the compensation awarded will be reduced according to your share of the blame. For example, if you are found to be 25% responsible for the accident, then your compensation will be reduced by 25%.
- Negotiation: The extent of your contributory negligence and the resulting adjustment to your compensation typically involves negotiations between your legal representatives and those of your employer or their insurance company.
How Contributory Negligence is Assessed
Contributory negligence is typically considered when an employee fails to follow safety protocols, uses equipment improperly, or does not wear the required safety gear. For instance, if you did not use provided safety equipment which could have prevented the injury or minimized its severity, this could be seen as contributory negligence.
Steps to Take if Contributory Negligence Might Apply
- Legal Advice: It is crucial to seek advice from a solicitor experienced in workplace injury claims. They can provide a realistic assessment of your case, including the impact of any contributory negligence on your compensation.
- Gathering Evidence: Collect as much evidence as possible to demonstrate the circumstances of your injury. This includes documenting unsafe working conditions or practices, lack of proper training, or failure of the employer to enforce safety measures.
- Negotiation: Your solicitor will handle negotiations, advocating on your behalf to achieve the best possible outcome. They will aim to minimize the perceived level of your fault to maximize your compensation.
- Preparation for a Possible Reduction in Compensation: Be prepared for the possibility that your compensation might be reduced due to your partial responsibility. Your solicitor can help estimate this adjustment based on the details of your case.
Frequently Asked Questions (FAQs)
1. What constitutes a shoulder injury at work?
A shoulder injury at work includes any harm to the shoulder that occurs in the course of employment. This can include acute injuries like fractures or dislocations, as well as chronic conditions like rotator cuff tears or repetitive strain injuries caused by workplace activities.
2. How do I know if my shoulder injury is serious enough to make a claim?
If your shoulder injury has required medical treatment, has caused you to take time off work, or has significantly affected your ability to perform your usual work or daily activities, it may be serious enough to warrant a compensation claim. Consulting with a medical professional and a solicitor can help determine the severity of your injury and the viability of your claim.
3. What are the first steps I should take if I injure my shoulder at work?
First, seek medical attention to ensure your injury is properly treated. Report the injury to your employer as soon as possible and ensure it’s recorded in the accident book. Collect evidence related to the injury, including names of witnesses, photos of the accident scene, and medical reports.
4. Can I claim compensation even if the injury was partly my fault?
Yes, you can still make a claim even if you were partly at fault for your shoulder injury. The concept of ‘contributory negligence’ applies, where compensation can be reduced based on your share of the blame for the accident or injury.
5. How long do I have to make a claim for a shoulder injury at work?
In the UK, you generally have three years from the date of the accident to make a personal injury claim. However, if you only became aware of the injury later, you may have three years from the date of diagnosis. It’s best to consult a solicitor as soon as possible to ensure your claim is filed within the legal time limits.
6. What can I claim for in a shoulder injury case?
Compensation for a shoulder injury may cover several aspects, including:
- Pain, suffering, and loss of amenity: Compensation for the physical pain and emotional distress caused by the injury.
- Medical expenses: Costs for treatment, medication, surgery, physiotherapy, and future medical care.
- Loss of earnings: Compensation for past and future lost wages if your injury has affected your ability to work.
- Additional costs: Expenses related to modifications to your home, travel costs to medical appointments, and other related expenses.
7. What if I am self-employed?
Self-employed individuals can still claim compensation for shoulder injuries. The key is proving that another party (like a client, contractor, or equipment manufacturer) was responsible for the injury due to negligence or breach of duty.
8. What evidence do I need to support my shoulder injury at work claim?
Evidence to support your claim can include:
- Medical records showing your diagnosis and treatment.
- Witness statements from colleagues or bystanders who saw the incident.
- Photos or videos of the accident scene.
- Accident reports and any correspondence with your employer about the incident or your injury.
- Financial records to document any loss of earnings and additional expenses incurred due to the injury.
9. How is compensation calculated?
Compensation is calculated based on the severity of your injury, the impact on your lifestyle, your current and future loss of earnings, and any expenses incurred due to the injury. Your solicitor will typically work with medical experts to fully assess the impact of your injury on your life.
10. What if my employer suggests I should not make a claim?
It is illegal for an employer to retaliate against an employee for making a legitimate injury claim. If you have sustained a shoulder injury at work due to your employer’s negligence, you have the right to seek compensation, regardless of any pressure not to pursue a claim.
11. How do I prove my shoulder injury was work-related?
Proving that your shoulder injury was work-related involves demonstrating a link between your job duties and the injury. This may require:
- Detailed documentation of your job role and responsibilities.
- Expert testimony from medical professionals or health and safety experts.
- Evidence of workplace conditions that could contribute to shoulder injuries, such as repetitive tasks or inadequate equipment.
12. Can I make a claim if I am a temporary or part-time worker?
Yes, temporary, part-time, and contract workers are entitled to the same protections under health and safety laws as full-time employees. If you are injured while performing duties for an employer, you have the right to seek compensation, regardless of your employment status.
13. What should I do if my shoulder injury claim is denied?
If your claim is denied, you have the option to challenge the decision. This might involve:
- Seeking a second opinion from another medical expert.
- Gathering additional evidence that may have been overlooked.
- Consulting with a solicitor who specializes in personal injury claims to review your case and possibly pursue further legal action.
14. Are there risks in filing a shoulder injury claim against my employer?
While there may be concerns about employer retaliation, it is illegal for employers to dismiss, discipline, or discriminate against an employee for filing a work injury claim. If you experience such retaliation, you may have additional legal recourse.
15. How long does a shoulder injury claim process take?
The duration of the claims process can vary widely depending on the complexity of the case, the clarity of facts around negligence, and whether the claim is contested. Simple cases might be resolved in a few months, while more complicated cases could take years, especially if they go to trial.
16. Will I need to go to court for a shoulder injury at work claim?
Most personal injury claims are settled out of court through negotiations between your solicitor and the employer’s insurance company. However, if a satisfactory agreement cannot be reached, your case may go to court. Your solicitor will guide you through the process if this occurs.
17. What happens if I develop a shoulder injury over time rather than from a single incident?
Injuries that develop over time, such as repetitive strain injuries, are still compensable. You will need to demonstrate how the work environment or job duties contributed to the development of your injury over time.
18. Can I claim for psychological effects due to my shoulder injury at work?
Yes, if you suffer from psychological effects such as anxiety, depression, or PTSD as a result of your shoulder injury, these can also be included in your claim. You will need appropriate medical documentation to support these claims.
19. What if my shoulder injury gets worse over time after settling the claim?
Once you settle a claim, you typically cannot reopen it to seek additional compensation, even if your condition worsens. Therefore, it is crucial to consider potential future complications when negotiating a settlement. Your solicitor can help estimate future costs based on medical forecasts.
20. How can I ensure my shoulder injury is taken seriously by my employer?
Document all communications regarding your injury and follow all recommended medical treatments. Also, ensure that all incidents and symptoms are officially reported and logged according to company protocols. A consistent and well-documented case can help ensure that your employer takes your injury seriously.
Symptoms and Diagnosis for Shoulder Injuries
Recognizing the symptoms of shoulder injuries early can be crucial for timely and effective treatment and can play a vital role in legal claims:
- Symptoms of Shoulder Injuries:
- Pain and discomfort in the shoulder area, which may worsen with movement.
- Limited range of motion.
- Swelling or bruising around the joint.
- A sensation of grinding or popping in the shoulder.
- Weakness in the arm, making it difficult to carry out usual tasks.
- Importance of Medical Diagnosis and Documentation:
- Timely Medical Attention: As soon as symptoms appear, it is important to seek medical attention. A healthcare professional can provide a thorough examination, which may include X-rays, MRI scans, or other diagnostic tests to assess the extent of the injury.
- Documentation: Medical records are key in legal claims. They serve as evidence of the injury and its severity, directly linking it to workplace activities. Accurate and detailed medical records can substantiate claims of negligence by demonstrating that the injury was consistent with workplace conditions.
- Ongoing Medical Assessment: Sometimes, symptoms of a shoulder injury can worsen over time. Continuous medical assessment and updated records can support claims for compensation, especially if the injury leads to long-term or permanent disability.
Why You Need Legal Representation: The Role of a Solicitor in Your Claim
Seeking legal representation from a knowledgeable and experienced solicitor specializing in workplace injuries is essential to protect your rights and maximize your compensation. A skilled solicitor can assess the circumstances surrounding your work accident injury, gather evidence to support your claim, and negotiate with insurance companies on your behalf. They can also guide you through the legal process, ensuring that deadlines are met, and your rights are upheld every step of the way.
A solicitor specializing in workplace injuries can be a tremendous asset. They can help in:
-Assessing the validity of your claim.
-Gathering necessary evidence and documentation.
-Negotiating with insurance companies.
-Representing you in court, if necessary.
How much will it cost to make a work accident claim?
(No Win, No Fee)
We will take on your work accident claim on a ‘No win, No fee’ basis. Our charges to you are dependent upon the individual type of case, and are typically a percentage of the compensation amount that we obtain for you. Where we offer “No Win, No Fee” services, typically customers pay 25% plus VAT of the companestion amount we able to recover on your behalf and any ir-recoverable disbursements. If we won’t able to secure any compensation for you then you don’t have to pay us anything.
If you or someone you know has sustain cuts, laceration or scarring injury then feel free to contact us. Alternatively, you can also request a free, no obligation callback request from our website.
How long do you have to make an accident at work claim?
Work accidents can cause serious injuries. This is because most working environments have a high accident potential when not maintained – or if staff haven’t been trained properly. You typically have three years from the date of the accident or diagnosis of a medical condition to make an injury at work claim. However, there are some exceptions to this rule:
- Psychological Trauma or Mental Capacity – if you or your loved one no longer has the mental capacity to make a claim themselves (often the case following a traumatic brain injury), then in these circumstances there is no time limit for making a compensation claim.
- Accidents While Working Abroad – if your accident happened while working abroad, the time limit for making a claim may be shorter.
- Defective Work Equipment – if your injury was caused by a piece of equipment that had a manufacturing defect, the time limit may be different. If you’ve been injured with an accident at work it’s best to contact us as soon as possible, to ensure we can begin your claim within the relevant time limits.
- Under 18s – If you or a loved one suffered an injury at work when they were under 18 (including if the injury happened while in full or part time employment, as an apprentice or on work experience), a claim can be started at any point up until their 21st birthday. However, in cases where mental capacity has been lost, then no time limit applies.
What do i need to prove in an accident at work claim?
If you’ve been injured at work in the last three years and it wasn’t your fault, you may be able to claim compensation. Injuries, medical condition and work-related illnesses are often caused by employers and managers failing to follow proper health and safety rules.
First, you need to prove that the accident that caused your injury (or medical condition) was not your fault. Second, the evidence must demonstrate that the accident was caused by the negligent action – or inaction – of your employer.
You can call us or request a free callback and we will assess your accident at work claim.
Am I Eligible To Make An Accident At Work Claim?
In the UK, employers and business owners are legally responsible for the welfare and safety of their staff and any visitors to their premises. The law states that all businesses must compulsorily hold employer liability insurance and conform to Health & Safety regulations to ensure that they meet those requirements/guidelines.
If your employer failed to meet their responsibilities and their negligence has caused injury (or medical condition), you can claim compensation by filing an accident at work claim. If your claim for a workplace injury is successful the compensation would be paid from the employers liability insurance. In certain circumstances, even if you contributed to your own accident at work, you may still be able to claim injury compensation if your employer is deemed to have been the main instigator of your personal injury or medical condition at work.
You can call us or request a free callback if you have any questions about claiming compensation for an accident at work.
Frequently Asked Questions Related to Work Accident Claims
What should I do if my employer disputes my injury claim?
If your employer disputes your claim, it’s important to seek legal advice immediately. A solicitor can help gather evidence to support your case and represent your interests in any disputes or legal proceedings.
Can I claim for psychological injuries?
Yes, you can claim compensation for psychological injuries, such as stress or anxiety, if they are a result of your working environment or job-related activities.
How long does a workplace injury claim process take?
The duration of a claim process can vary depending on the complexity of the case. Some claims are settled within a few months, while others may take longer. Your solicitor can provide a more specific timeline based on your circumstances.
Will I need to go to court for my injury claim?
Most injury claims are settled out of court. However, if a satisfactory agreement cannot be reached, your case may need to go to court. Your solicitor will prepare you for all eventualities and represent you throughout the process.
Are there any costs involved in making a claim?
Many solicitors offer a ‘No Win, No Fee’ arrangement for workplace injury claims. This means you won’t have to pay any upfront legal fees, and fees are only applicable if your claim is successful.
Can I make a work injury claim if the accident was partly my fault?
Yes, you can still make a claim even if you were partly at fault. The concept of ‘contributory negligence’ may apply, where compensation is reduced according to your share of the blame.
What if I’m a contractor or a temporary worker, can I still claim?
Yes, contractors and temporary workers are entitled to a safe working environment. If you are injured while working, you have the same rights to claim as permanent employees.
How is the amount of compensation determined?
Compensation is calculated based on factors like the severity of your injury, impact on your life, loss of earnings, and future care needs. Each case is unique, and the amount varies accordingly.
What if my injury occurred over time and not in a specific incident?
You can still claim for injuries that developed over time, such as repetitive strain injuries or occupational illnesses. The key is to link these conditions directly to your workplace environment or duties.
Can I claim for an injury that happened while working from home?
Yes, if you’re working from home as part of your employment, you are still covered by your employer’s duty of care. Injuries sustained while performing your job at home can be eligible for a claim.
What happens if I lose my job after making a work injury claim?
It’s illegal for an employer to dismiss you solely because you’ve made a claim. If you’re unfairly dismissed, you might have grounds for further legal action.
Can I make a claim on behalf of a family member who was injured at work?
Yes, if a family member is unable to make a claim themselves due to the severity of their injuries, you can initiate a claim on their behalf.
How long will I receive compensation payments?
The length of time you receive compensation depends on the nature of your injury and how it affects your ability to work. Payments continue until you’ve recovered, or for a period specified in your compensation agreement.
What about psychological trauma resulting from a workplace accident?
You can claim for psychological trauma, such as PTSD or anxiety, if it’s directly related to a workplace accident. Mental health injuries are as valid as physical injuries.
Is there a risk of any costs if I lose my claim?
Under a ‘No Win, No Fee’ agreement, there should be no costs if you lose. However, it’s important to understand the terms of the agreement with your solicitor, as conditions can vary.
What if my employer has gone out of business?
You may still be able to make a claim even if your employer is no longer in business. It’s important to seek legal advice to explore your options, as claims can often be made against the company’s insurance.
Can I be fired for making a workplace injury claim?
It is unlawful for an employer to dismiss you for making a legitimate injury claim. If you face dismissal or unfair treatment as a result of your claim, you should inform your solicitor immediately.
How can I support my mental health during the claim process?
Dealing with an injury claim can be stressful. It’s important to seek support, whether through counseling, talking to family and friends, or joining support groups. Your solicitor can also provide guidance on coping strategies during this time.
Is there a minimum severity for injuries to be eligible for a claim?
No, there’s no minimum severity for workplace injuries. Even minor injuries can be eligible for a claim, especially if they result in medical costs, pain, suffering, or loss of earnings.
Can I make a claim if I’m a contractor or temporary worker?
Yes, contractors and temporary workers have the same rights to a safe working environment as permanent employees. If you’re injured while working in these capacities, you may still be entitled to make a claim.
What happens if the injury aggravates a pre-existing condition?
If a workplace injury aggravates a pre-existing condition, you can still make a claim. The key factor is determining how much of your current condition is attributable to the workplace injury.
Can I make a claim for an injury that happened during a work social event?
If the social event is officially sponsored by your employer, and you were injured during this event, you may have a valid claim. The specifics can be complex, so it’s advisable to consult with a solicitor.
Should I accept a settlement offer from my employer’s insurance company?
Be cautious about accepting early settlement offers, as they may not fully cover your long-term needs. It’s essential to have any offer reviewed by a solicitor to ensure it’s fair and adequate.
Can family members claim compensation if a workplace injury is fatal?
In tragic cases where a workplace injury leads to death, dependents or family members may be able to make a claim for compensation. This can cover funeral expenses and loss of financial support.
How can I ensure that my claim is processed smoothly?
Keeping detailed records, following your solicitor’s advice closely, and maintaining open communication can help ensure your claim is processed smoothly and efficiently.
What if I face harassment after making a claim?
Harassment or any form of retaliation from your employer or colleagues due to your claim is unlawful. Report any such occurrences to your solicitor immediately, as they can advise on the best course of action.
We are here to help!
If you, a friend or a family member has involved in an accident at work that caused your injury (or medical condition) then it may be possible to claim compensation for injuries or medical condition.
Our dedicated workplace accident solicitors will work hard to get you the compensation you deserve. Your settlement can help pay for private medical care and any time you’ve had to take off work.
You have three years to make an accident at work claim from the date you were injured.
