Have you been injured in an accident at work? The Health and Safety Executive have published many articles for all sorts of industries to tackle the myth and misunderstanding that can arise by the phrase “Its because of health and safety”. If you have been injured because of an accident at work, you may be entitled to compensation. There are many myths and misconceptions surrounding accident at work claims. As a consequence these myths can stop you seeking the compensation you deserve. In this article, we’ll debunk some of these myths and provide you with the information you need to make an informed decision about your claim.
#Myth 1: You can only claim if the accident was your employer’s fault.
This is not true. Even if the accident was partly your fault, you may still be entitled to compensation. The key factor is whether your employer was negligent in their duty of care towards you. If they failed to provide a safe working environment or adequate training, for example, they may be held responsible for your injuries. It’s important to speak to a personal injury solicitor who can assess your case and advise you on your options.
#Myth 2: You cannot claim if the accident was the fault of someone you work with
This is incorrect. If someone else causes you an injury at work and they are a colleague then your employer is legally responsible for any injuries they negligently cause to you.
#Myth 3: You don’t need a personal injury solicitor to make a claim
Whilst this is partly true, the knowledge and experience of a personal injury solicitor who has studied the law for many years may make a real difference to your claim. A specialist personal injury solicitor has a lot of experience in work accident claim. This will mean that you get a better result and a higher compensation amount. We all know how difficult it can be to deal directly with insurance company. Their primary duty is to their shareholders and not you, the person who has been injured. It is always better to have an legal expert on your side. They are used to fighting for the rights of injured people against your employers insurers and will take all the strain and hassle of you dealing with it by yourself. Their experience will achieve a better result for you.
#Myth 4: You cannot claim on behalf of someone who has sadly died in an accident at work.
It is a common misconception that any right to claim for an accident at work dies with the person who passes away. If you are a dependant or close relative of someone who has died as a result of an accident at work you may be able to make a claim.
#Myth 5: You have to be injured immediately to make a claim.
This is another common myth about accident at work claims. In reality, you may not experience symptoms of an injury until a while after the accident. In a serious accident, adrenalin will kick in your you may lose consciousness. It’s important to seek medical attention as soon as possible after an accident, even if you feel fine at the time. This will not only ensure that you receive any necessary treatment, but it will also create a record of your injuries that can be used as evidence in your claim.
#Myth 6: Your accident has to go in the accident book or you cannot make a claim
This is simply not the case. Whilst it is always helpful if your accident is put in the work accident book it is not fatal to your claim if it is not. This is something that we would also advise you to get done, even long after the event, if you were to seek our legal advice, but not all employers have an accident at work book and therefore sometimes this is impossible.
#Myth 7: There always has to be a witness to your accident
Here again, this is a myth. Whilst it is helpful if your employer has denied legal fault for an accident at work and there is a dispute about what exactly happened in your accident, it does not mean that you cannot make a claim.
#Myth 8: You can’t claim if you were partially at fault for the accident.
This is a common myth that can prevent people from seeking the compensation they deserve. In reality, even if you were partially at fault for the accident, you may still be able to make a claim. The amount of compensation you receive may be reduced to reflect your level of responsibility for the accident, but you may still be entitled to some compensation. It’s important to speak to a qualified personal injury lawyer to understand your legal rights and options.
#Myth 9: You can’t claim if your workplace has totally changed since the accident occurred.
That is untrue. Often if the workplace where your accident has occurred has changed it is as result of your accident. Your employer has to complete a post-accident risk assessment and may change your workplace to make a safer so that accidents like yours do not happen again. This is helpful to your claim rather than detrimental.
#Myth 10: You have to go to court to get compensation
This is another common myth about accident at work claims. In reality, the majority of claims are settled out of court through negotiations between the injured worker’s lawyers and the employer’s insurance company. Going to court is usually a last resort if a settlement cannot be reached. It’s important to have a skilled personal injury lawyer on your side to negotiate on your behalf and ensure you receive fair compensation for your injuries and financial losses.
#Myth 11: You will have to pay expensive solicitors fees to start your claim
Most personal injury solicitors will act on a no win, no fee basis which means that there are no upfront charges for you to start your claim. At the end of your claim, if they are successful they can take up to 25% of your compensation but some parts of your compensation cannot be touched.
#Myth 12: Making a claim will harm your relationship with your employer.
This is a common myth that prevents many workers from seeking the compensation they deserve. However, it’s important to remember that your employer has a legal obligation to provide a safe working environment, and if they have failed to do so, they are responsible for compensating you for any injuries you have suffered. Making a claim does not have to harm your relationship with your employer, and in fact, many employers are supportive of their employees seeking compensation for workplace injuries.
#Myth 13: Making a claim is not possible as I do not work for the company any more.
This is incorrect as often people prefer to make a claim when they no longer work for the company where they had their accident. There is a 3 year time limit for making an accident at work claim.
#Myth 14: Making a personal injury claim may lead to being fired
Your employer is required by law to have employers liability insurance so in reality it is not your employer who will pay our any compensation which is due to you. It is a criminal offence not to have employers liability insurance. If your employer does not treat you fairly following an accident at work claim you may have a claim for constructive or unfair dismissal.
#Myth 15: Making a claim is not possible as I am self-employed
Here against this is not true. You can make a claim against the person or company who was in control of your workplace when your accident occurred as they have to ensure that you are provided with a safe place of work, safe equipment, safe system of work and safe co-workers.
#Myth 16: You should never accept the first offer
This is something that is often said but in reality, it makes very little difference whether you accept the first, second or third offer as long as you seek relevant legal advice as to whether the amount offered in settlement in adequate for the injuries and financial losses you have suffered as a result of the accident.
If you have any other queries about making an accident at work claim, please don’t hesitate to contact our experienced personal injury solicitors who will be happy to talk you though making a claim. You can call us free on 0800 0747 644 or make a free online claim to see if we can help you at no obligations to you.
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