Claiming After a Work Accident

Accidents at work can happen. In fact, they do at a pretty regular level of consistency. Those in charge at work places should always follow health and safety guidelines and are responsible for the wellbeing of their employees and anyone in the vicinity of their work environment. Unfortunately, there are many occasions where these standards slip and people end up getting injured at work. If this happens to you, there are steps you can take to get compensated.

If the accident was caused by an unsafe work environment, the employers are liable to assume responsibility for the accident and are thus responsible in distributing compensation to the injured parties. If the employer can prove that the injuries sustained was not as a result of an unsafe workplace but rather the result of the injured party behaving inappropriately and not focusing enough on their personal safety. In that case, the individual has to assume blame because they still have responsibility of behaving responsibly and safeguarding their own health whenever possible.

Essentially, this is what the court case will come down to, if it does indeed go to court of course. There is a possibility that the employer will settle and that the matter will be handled before it ever gets that far.

There is a time limit to when you can actually make a claim. You can only claim compensation for an accident that has occurred within the last three years. If you are passed that time frame, you cannot claim for compensation. Due to how long trials can last for, it is best for you to get your affairs in order and make a claim as soon as possible. Not only will it speed up the process, but as injuries fade, so does your evidence. Records do not always have as strong an affect as injuries you are suffering right now. You should show your intent to get justice immediately.

In some cases, you may not even feel the injury or effects of the accident until after the 3 year cut off point. This often occurs with cases such as asbestos poisoning and other situations where the problems can lie dormant for years. In these kind of cases, you will have 3 years from when the effects of the injuries become apparent. So you are covered if you only just started feeling the effects and the event was more than 3 years ago.

As always recommended, you should get a solicitor to help you through the legal process of making a claim. The solicitor will handle all the paperwork and help you identify exactly what kind of evidence you should gather to improve your chances of being successful in court. Evidence will often include paperwork on injuries documented by your doctor. Anything that can help you prove beyond doubt that the negligence of your employers was the reason for the occurrence of the accident will also be greatly appreciated by your solicitor. It will make winning the case a lot simpler. Otherwise you may be stuck in a “he said, she said” type of situation, which will make it difficult as to get a ruling of liability assumed by the employer, you have to prove beyond all doubt that they were in fact responsible for the injury. If you fail to do that, they can deny your claim on the basis of not having enough evidence.

 


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