If you’re suffered a workplace injury, the prospect of claiming compensation from your employer for any medical expenses you’ve incurred along with such things as the loss of earnings you incurred while away from work recuperating or being treated can be very daunting.

The physical, emotional and financial costs of suffering a workplace injury can be significant and life-changing though. You cannot be expected to bear that cost, particularly when your employer has a duty to protect you when you are working for them per the Health and Safety At Work Act 1974. This includes protecting you from physical harm as well as protecting your mental health. Your employer is also liable if you are assaulted, harassed or bullied while working for them too, although these cases can be very difficult to prove.

In the first instance, you should speak to your employer informally and see if it is possible to resolve the matter amicably by them covering any costs you have incurred. On this, as Citizens Advice rightly points out, depending upon the details of your Contract of Employment, you may be entitled to full contractual sick pay to cover any loss of earnings while you are away from work due to injury too.

However, if you have suffered any kind of workplace injury and your employer is unwilling to cover the costs, you should consider making a claim.

Before making a claim…

You should do the following;

• Make a note of exactly what happened. For example, the time, date and place that the injury occurred. If the claim is as a result of you suffering an industrial injury that became apparent over time, such as Repetitive Strain Injury or Carpal Tunnel Syndrome, we realise it can be difficult to remember the exact dates you started to use machinery or other equipment that caused the injury. In this situation, do your best to remember the approximate dates – month and year, for example. Furthermore, make a note of anyone who witnessed you suffering the injury and ensure you have contact details for them. On this, it is a good idea to have a personal telephone number or email address for them rather than their work contact details.
• Collect as much evidence as you can. For example, photographs of the hazard that caused the injury and how the scene looked at the time, as well as photographs of any physical injuries you sustained. This is particularly pertinent if you have slipped on a wet floor and no warning signage had not been put out, for example.
• Visit your GP as soon as you can after sustaining the injury – not only can they treat your injury or refer you to a specialist if needed if the care needed is non-urgent, but they can also record the details of your injury and the severity of it in your medical records. Of course, if you need urgent care after suffering a workplace injury, you should visit A&E, where the details and severity of your injury would also be recorded.

It is also important to check your Contract of Employment before making a claim too, as it should contain a section on workplace disputes and the company’s policy for resolving them. We highlight this, as your employer may argue that any claims you look to make as a result of a workplace injury would constitute a ‘dispute’. For example, it may be that your employer’s policy is that any disputes have to be resolved through mandatory arbitration. You should seek legal advice before making any workplace injury claim, but, if arbitration is mandated, it is particularly important that you seek legal advice before entering arbitration, as the result of an arbitration hearing is legally binding and it is unlikely that you would be able to appeal the decision.

How we can help

At The Compensation Experts, we work with specialist legal firms who have a proven track record in successful workplace injury compensation claims. Initially, one of our advisors with have a chat with you, asking you for the details of how you came to be injured. Once this is done, they will advise you whether you may have grounds for a successful claim. As a part of this, we might also obtain medical and industry expert reports to help determine the strength of your case. This is all done on a free no-obligation basis. If it is felt you may have a successful claim, we will then match you with the firm who best suits the circumstances of your case.

What your solicitor will do

If you do then decide to proceed with a case against your employer, the solicitor working on your case will contact any witnesses and will collect as much evidence from you and other sources as possible. This is to help them build the strongest possible case to support your claim. Any witnesses should not be concerned about having to speak out publicly though, as it may be that the other evidence is enough to prove the case.

This evidence and any witness statements will be used not only to prove your entitlement to compensation but also to show how you have been affected physically, emotionally and financially as a result of being injured in the workplace. In turn, this will mean the amount you receive is fair and reflects the severity of the injury you sustained. It should also be said that the majority of workplace injury claims are usually settled without the need to go to court too.

How your employer will respond

Once they has looked through the details of your case and carried out their investigation, your employer’s insurance company will either make a compensation offer or will deny that they are liable. You should be aware that offers at this stage are usually lower than they should be. The solicitor’s role is to advise you how good the offer is and if you choose not to accept it, negotiate with the other side to arrive at an acceptable level of compensation.

If the employer refuses to accept liability or you can’t agree on an acceptable amount of compensation, your solicitor may recommend you submit your claim to court. This action needs to be taken within three years of the date of the injury being suffered or when your symptoms were linked to your job. Negotiations will continue even when a court date has been set, and it is not uncommon for an agreement to be reached hours before a claim is due to be heard in court.

How workplace injury compensation is decided

Levels of compensation decided by the courts are not plucked out of thin air either. They are calculated by looking at General and Special Damages;

• General Damages consider the physical and psychological wounds you have suffered, as well as what the likelihood of recovery is. Additionally, General Damages would also include the wages you have lost while recovering from the injury.
• Special Damages, meanwhile, consider any financial expense caused by your injury, including the cost of prescriptions, private medical care and any additional nursing or care support you have needed. You will need to prove you have incurred these costs though, so make sure you keep all your receipts. If you are not sure whether an expense is covered under Special Damages, ask your solicitor before spending the money. In addition, Special Damages may also include compensation for future lost earnings if the injury is so severe you are unable to continue working in the same role.

According to the latest figures for 2018/19 released by the Health and Safety Executive late last year, 1.4 million working people in the UK are suffering from a work-related illness, with 69,208 injuries to employees being reported in the last year. Clearly then, workplace accidents and industrial injuries are unfortunately far more commonplace than they should be. This means we and the legal firms we work with have a lot of experience in these cases and so, are well-placed to help you get the maximum amount of compensation.

If you have suffered a workplace injury, do not hesitate to get in touch with us via our website or by calling 0161 413 8765.

It’s that time of year again when employers begin to recruit seasonal staff to cover the busy Christmas and New Year period. However, we tend to think of it as seasonal industrial injury season, due to the influx of new workers in a pacey atmosphere.

In particular, large-scale dispatch centres operated by the likes of Amazon and Hermes will be taking on additional staff. Their goal is to cope with the rise of demand in the run-up to Christmas. Especially as people order presents for, and send packages to, friends and relatives.

Those who live close to a large dispatch centre or warehouse are surely well aware of this. You may have seen adverts in your local area looking for warehouse operatives, delivery drivers and the like.

Regular versus Seasonal Industrial Injury Rights

Indeed, there are differences between the range of employment rights for full-time employees of a company. Especially depending upon their length of service and those granted to temporary seasonal staff, industrial and workplace safety legislation, such as the Health and Safety at Work Act, protect everyone in a workplace regardless of their employment status.

Put simply, it is against the law for your employer not to follow the legislation. Therefore, ignorance of their obligations towards employees is not an excuse.

As a result, employers take on additional staff to cover seasonal demand during busy periods. But it’s absolutely imperative they ensure these temporary staff members still receive full training. Especially if they use any machinery as part of the role. Moreover, the employer must ensure employees are fully aware of all workplace health and safety processes.

Working in warehouse and factory environments can be particularly dangerous and fraught with potential health and safety hazards. These workplaces can be noisy, and they also feature-heavy industrial machinery.

Moreover, there’s also the issue of pace in these working atmospheres. In short, they engender a work environment that’s particularly fast. In essence, there are multiple people moving around on a regular basis, some of whom could be driving fork-lift trucks, too.

Typical examples of industrial injuries

In essence, examples of season industrial injuries can include the following.

• Electric shock;
• Eye injuries;
• Head and brain injuries;
• Fractured bones and dislocated joints;
• Back and spinal damage;
• Muscle strain;
• Slips, trips, and falls;
• Falls from height;
• Exposure to dangerous substances, and;
• Chemical burns.

Truly, it’s your responsibility to ensure you operate any machinery as you have been trained and in a safe and responsible manner. However, the employer has a responsibility to make sure you:

• receive that training;
• fully understand it and;
• are capable of carrying out your tasks accordingly.

Therefore, if you do suffer an industrial injury while working in a seasonal role; and we can prove that your employer fails in their responsibilities; you can pursue compensation.

Turn to a seasonal industrial injury law specialist

Specifically, seasonal industrial injury claims are a specialist area of personal injury law. It’s also worth knowing that the damage from an industrial injury may not be clear until years after. For example, the development of industrial deafness or an asbestos-related disease can take a long time to become apparent.

At The Compensation Experts, we work with specialist law firms with a proven track record in industrial injury compensation claims. After your initial free consultation with our advisors, we’ll match you with the firm who suits your case best.

With your own specialist solicitor working on your case, you’ve got a partner. That means a fully dedicated service with a commitment to your unique seasonal industrial injury claim.

Obtaining Experts Reports for Seasonal Industrial Injury Claims

As experts, the solicitors we collaborate with also know that there is always a wealth of areas to cover. From medical specialists to the industrial line of work you’re in, it’s always wise to tap that knowledge for your case. Accordingly, we seek to strengthen your case with their expert testimony.

We’ll also obtain medical and industry expert reports if needed to help advise you on the strength of your case. If you do then decide to progress your case, your solicitor will commence with putting your case together.

• They collect any and all evidence;
• If possible, contact any available witnesses, and;
• We’ll also go over the case with you regularly, especially when it comes to new information.

We do all of this in order to help us build the strongest possible case for your compensation claim to succeed. This evidence aims to do several things to ensure the amount you receive is fair.

• Prove your entitlement to compensation, and also;
• Show the extent of your physical, emotional and financial suffering.

Next, they look through your claim request and carry out their investigation. Then, your employer’s insurance company will either make an offer of compensation or will deny liability. Please be aware that offers at this stage are usually low. Especially if you compare them with the results of other recent settlements.

The solicitor’s role is to advise you how good the offer is. Then, if you don’t accept it, negotiate with the other side to find an acceptable level of compensation.

What kind of compensation amounts are we talking about here?

Compensation amounts are not plucked out of thin air. They are calculated by looking at General and Special Damages.

General Damages account for the physical or psychological trauma you suffer, including your prognosis for recovery. Additionally, they will also include the wages you have lost while recovering from an injury.

Special Damages, meanwhile, account for any financial expense caused by your accident. This can include

• Paying for prescriptions;
• Obtaining reasonable private medical care, and;
• Costs for any additional nursing or care.

You’ll need to prove that you incur all these costs too, so be sure you keep all your receipts.

But if you’re not sure if Special Damages covers an expense, ask your solicitor. In addition, Special Damages may include compensation for future lost earnings. Particularly if the injury you suffer is so severe you are unable to continue working in the same role.

With the right legal support, most industrial compensation claims find a resolution – all without the need to go to court. As a result, you’ll be able to save yourself both money and time through negotiation.

But your employer might refuse to accept liability, or you can’t agree on an acceptable amount of compensation. If so, the solicitor may recommend you submit your claim to court.

This action needs to happen within three years of the date of the injury*.

Negotiations will continue even when they set a court date has been set. Accordingly, it’s common to reach an agreement hours before the court hears the merits of the claim.

Illness claims over 1 million workers a year

The latest figures for 2018/19 from by the Health and Safety Executive paint a telling picture about the claim. In all, 1.4 million working people in the UK suffer from a workplace illness. In addition, the report lists 69,208 injuries to employees n the last year.

Clearly then, workplace accidents and industrial injuries are unfortunately far more commonplace than they should be. Because of this, we and the legal firms we work with have a lot of experience in these cases.

In short, we’re capable of helping you get the maximum amount of compensation you deserve.

If you have suffered an industrial injury, do not hesitate to get in touch with us via our website or by calling 0161 413 8765.

*Also, when they definitively determine that the blame for your symptoms falls on your job.