Work Accidents and Compensation Claims
If you have been injured in the workplace and a third party is responsible, you may be considering making a work accident compensation claim. Usually, the severity of your injury can affect the type and amount of remuneration you may receive. At Irwin Mitchell, our specialist team of work accident lawyers will work with you to ensure that your compensation claim has the best chance of success.
Our team has extensive knowledge of all types of work accident compensation claims, whether you have been struck by a falling object, been exposed to or inhaled dangerous substances, or had a trip , slip or fall. If it can be proved that your employer has failed in their responsibility to provide a duty of care, and ensure that the workplace is safe and hazard free, Irwin Mitchell Solicitors can help make your case for a fair compensation package appropriate to your injuries.
Before making your work accident compensation claim, you may have a number of questions, some of the most common of which are set out below:
Do people normally settle Work Accident Compensation claims outside of Court?
Yes, this does happen. If either you or your opponent wishes to settle a work accident compensation claim before Court proceedings get underway, a formal offer needs to be made before the trial begins.
If you require Irwin Mitchell to represent you during your work accident compensation claim, we will advise you on the potential risks of settling outside of court (often referred to as a Part 36 payment or offer) of which you may not be aware.
Part 36 offers require careful consideration. For instance, if you intend to proceed with your work accident compensation claim after a settlement offer has been made, the Court can order you to pay your opponent's legal costs should the outcome of your claim not beat the Part 36 offer.
Do I have to appear in court?
Whilst most work accident compensation claims relating to personal injuries are settled without the need for you to appear at a court hearing, it may be necessary to commence formal court proceedings. Starting a Court case will invariably help and protect your position for the duration of the work accident compensation claim. Irwin Mitchell has an enviable track record and national reputation for fast, effective resolutions to work accident compensation claims – most of the proceedings are dealt with by paperwork and the majority of our cases end without the need for a full hearing.
Grounds for a Work Accident Compensation Claim
Remember that your employer has a legal responsibility to provide a safe and hazard free workplace, ensure you have the correct materials to do your job, make sure adequate training and supervision is provided and even ensure you have competent colleagues. If the injury you sustain is the fault of one of your co-workers, your employer may still be liable for their actions.
It is often the case that an injury or illness received in the workplace will hinder your ability to do your job, or even gain employment at all. It is for this reason that many people wish to bring a work accident compensation claim against their employer. These proceedings can help to you claim for loss of earnings or future earning potential.