Making Your Workplace Accident Claim - The Process Involved
Making a claim following an accident at your place of work can be a daunting task.
This is because if you work in a big company, then there is going to a big insurance company to deal with.
Moreover, if you are not fully aware of your legal rights, you could be tricked in settling for far less compensation than what you actually deserve.
So, if you are looking to make a claim, it is crucial that you know what the process involves.
Initial Steps To Take Following an accident at the workplace, you must inform your manager or supervisor.
They will then record the details of the accident and your injury in the company's accident book.
You must obtain photographs of what caused the accident.
Then, you must locate a specialist work injury lawyer for initial consultation.
You Get Legal Representation Once your lawyer accepts your case, a letter of claim will be sent to your employer's insurance company who will then investigate the case and send a reply.
Based on their investigation and what they have found out, they can choose to accept liability or deny liability.
How To Prove You Claim? It is essential that liability is established to be able to make a successful claim.
When making a claim, you will need enough evidence against your employer to prove that he was the one at fault.
You must be able to prove that he breached health and safety at work regulations and exposed you to potential risk of injury.
For your claim to be successful, you will need to present your work injury lawyer with medical evidences, photographic evidences, statements from your colleagues who witnessed the accident, copy of the accident report, etc.
Your Compensation Following a successful claim, you will recover compensation for your pain and suffering.
In addition, if you have suffered financial losses, then you can recover compensation for the same.
However, you will need to provide evidence of the actual financial losses including receipts and invoices.
Basically, your award will include compensation for cost of treatment, prescription cost, travel expenses, loss of earnings and other out of pocket expenses.
Conclusion Most work accident cases are settled out of court.
However, if your employer's insurance company decides that they are not at fault for your injury or the level of compensation that you are demanding is too much, then they can dispute your claim.
In such cases, the case will be taken to court and settled by the court.
This is because if you work in a big company, then there is going to a big insurance company to deal with.
Moreover, if you are not fully aware of your legal rights, you could be tricked in settling for far less compensation than what you actually deserve.
So, if you are looking to make a claim, it is crucial that you know what the process involves.
Initial Steps To Take Following an accident at the workplace, you must inform your manager or supervisor.
They will then record the details of the accident and your injury in the company's accident book.
You must obtain photographs of what caused the accident.
Then, you must locate a specialist work injury lawyer for initial consultation.
You Get Legal Representation Once your lawyer accepts your case, a letter of claim will be sent to your employer's insurance company who will then investigate the case and send a reply.
Based on their investigation and what they have found out, they can choose to accept liability or deny liability.
How To Prove You Claim? It is essential that liability is established to be able to make a successful claim.
When making a claim, you will need enough evidence against your employer to prove that he was the one at fault.
You must be able to prove that he breached health and safety at work regulations and exposed you to potential risk of injury.
For your claim to be successful, you will need to present your work injury lawyer with medical evidences, photographic evidences, statements from your colleagues who witnessed the accident, copy of the accident report, etc.
Your Compensation Following a successful claim, you will recover compensation for your pain and suffering.
In addition, if you have suffered financial losses, then you can recover compensation for the same.
However, you will need to provide evidence of the actual financial losses including receipts and invoices.
Basically, your award will include compensation for cost of treatment, prescription cost, travel expenses, loss of earnings and other out of pocket expenses.
Conclusion Most work accident cases are settled out of court.
However, if your employer's insurance company decides that they are not at fault for your injury or the level of compensation that you are demanding is too much, then they can dispute your claim.
In such cases, the case will be taken to court and settled by the court.
