Workers’ Compensation Claims
Your employer has a legal obligation to make sure your work environment is as safe as possible and to minimise the risk that you may be injured while you are doing your job. Regardless of the nature of your work, if you have been injured or have become ill as the result of your employment, you may be entitled to claim payment for lost income and medical expenses.
The Compensation Experts work with leading employment injury solicitors in the UK. We have the experience you need for your claim to proceed swiftly and smoothly, helping to prevent a physical injury becoming a financial burden.
Types of Workers’ Compensation Claims
Workers’ compensation claims in the UK are often referred to as employer liability compensation claims. Whatever term you use, it covers your right to receive payment for medical expenses and income lost due to being unable to work because of an injury or illness that has resulted from doing your job.
The Compensation Experts have skilled compensation solicitors who will guide you through the claims process, including compensation applications for injuries from:
- Slips, trips and falls
- Asbestos related illness
- Manual handling
- Exposure to noise
- Skin conditions and allergies
Injuries can happen in all industries from construction to retail, though industries with the highest number of workers’ compensation claims are the railway and sheet metal industries.
Nearly a quarter of workers’ compensation claims in the UK made every year are due to accidents where the cause is unknown. Other claims arise from being hit by a moving object or vehicle, falling from a height such as off a ladder or scaffolding, slipping or tripping over a slippery or uneven surface, temporary or permanent loss of hearing, and cuts and lacerations, strains and muscular injury from carrying heavy loads. Less frequent but no less painful are injuries like repetitive strain injury, neck pain from poorly set-up workstations or having a chair or desk at an incorrect height, and stress related illnesses.
Typical examples of workers’ compensation claims could be:
- A chef who slips on a greasy floor and breaks their wrist in a fall. They are unable to work until their fracture heals.
- A roofing contractor who falls from scaffolding and suffers a concussion.
- A teacher who trips over a bag left in a walkway and sprains their ankle.
- An office administrator who suffers headaches and neck pain due to incorrect monitor height
How to Claim Workers’ Compensation in UK
Nearly every employer in the UK is required by law to have workers’ compensation insurance, also known as employer liability insurance. Three of the few exceptions are the NHS, local authorities and police authorities, who have their specific schemes to pay work injury compensation.
It is important to remember that your employer is not paying you compensation, their insurance company is. We frequently speak with concerned victims who are worried about the financial impact a claim may have on their employer’s business, particularly if it is a small company. You do not need to worry. Your employer has insurance specifically to cover the cost of compensation for employees injured at work.
Get in touch with The Compensation Experts if you believe you have grounds to make a claim against your employer’s liability insurance. Although a successful claim will be paid by your employer’s insurance company, the application needs to go via your employer. Your employment solicitor will help you complete the application with all the relevant information to avoid potential delays due to missing details.
You can contribute to making your claim a successful one by reporting your accident to your employer as soon as possible and ensuring all the relevant details are noted correctly. It can be beneficial for you to take photos of the environment, including what you believe to have been the leading cause of your accident. Examples of this could include pictures of stairs that are lacking at least one handrail, or an area where vehicles move around and where there is no clearly defined walkway, such as in a warehouse where forklifts are used. Note down the names of any witnesses who saw or heard your accident and can verify the events.
Your employer’s insurance company will investigate your accident and actively look for evidence that may reduce the liability of their client, and therefore the amount of compensation you may potentially receive. The more information you can provide to your lawyer at the beginning of your claim, the better the potential outcome will be for you.
What Workers’ Compensation Covers
Workers’ compensation was created to cover all expenses incurred as the result of an accident sustained at work, or illness caused due to the nature of your job. Compensation falls into two categories: general damages and special damages.
General damages acknowledge the pain and suffering you have endured and take into account whether your injury affects your quality of life. A good example of this is someone who enjoyed running or playing football who was unable to continue after breaking their patellar in a nasty fall, or an amateur musician who suffered hearing loss after working in an industrial environment without being provided with adequate protection.
Special damages cover the specific costs associated with your injury or illness. Examples include prescription costs, specialist medical treatments or therapies, lost income, travel expenses to and from the hospital, private nursing care (if your doctor deems it necessary), and the cost of a holiday you had booked and were no longer able to go on. They can also cover the loss of future earnings if your injury prevents you from continuing work as before.
You may, given the severity and duration of your injury, also be able to claim a reasonable rate for the cost of friends or family who has acted as caregiver to you after your injury. A successful application was made for a mother who was bedridden for several months after a serious fall. Her injury meant she relied on a friend to drive her children to and from school, and provide childcare until her partner returned home in the evening.
Workers’ Compensation FAQ
Am I eligible for Workers’ Compensation?
Have you been injured at work? Is your illness or condition related to your working conditions, such as an allergy linked to chemicals or poor circulation and tingling after using power tools or vibrating machinery for an extended amount of time? If so, you may be eligible to claim compensation for your workplace injury.
You cannot claim workers’ compensation if you are not an employee, though you may still be able to make a claim under an employer’s public liability insurance. One of our legal advisors will be able to clarify this with you when you contact The Compensation Experts.
The Compensation Experts will go through your situation in detail before advising whether you have grounds to make a claim against your employer. We won’t lead you down an expensive path of litigation you have little hope of winning – our reputation and our clients’ financial well-being are too important to play with.
Some newspapers would have you believe that we are living in a “compensation culture” but this is far from true. In the UK, the onus is on the claimant to prove their employer was responsible for their injury and compensation amounts are based on evidence. The system can be complicated but, with an experienced workers’ compensation lawyer on your side, it is fair.
How Long does a Workers’ Compensation Claim Take?
There is no final processing time for a worker’s compensation claim. Court proceedings need to be issued within three years of the date of your accident or the time when your symptoms were linked to your job.
Not all claims make it to court – in fact, the majority settle out of court but there is often months of research and negotiation which takes place before then so it is important not to delay if you believe you have grounds to make a claim. Evidence to support your claim is easier to obtain if it is collected as soon as possible after your accident, when the details are fresh in people’s minds, and conditions remain unchanged. It is quite likely that if your accident was due to employer negligence that they will make necessary safety changes to prevent further accidents, thereby removing potential evidence that could help to prove the validity of your claim.
You can help expedite your claim by:
- Reporting your accident to the relevant people in your workplace, such as your health and safety officer or HR department, and requesting a copy of the accident report.
- Seeking medical attention from your A&E department if you need urgent medical help, or your GP if not, so there is a formal record of your injuries even if they appear trivial at the time.
- Letting your employer know in writing if you have to take time off work as the result of your accident.
- Keeping daily notes about how you feel after your accident, any symptoms or illness you have, and how you are generally feeling. Are you in physical pain? Do you have flashbacks to your accident? Are you stressed and unable to sleep? These things will all add weight to your workers’ compensation claim and help make it successful.
- Keep any receipts and notes about the money you have to spend as the result of your injury and illness, including mileage for visiting the hospital for treatment.
Will I be taxed on a Workers’ Compensation Payment?
You do not have to pay tax on compensation awarded for personal injury whether it is paid in a lump sum or a series of instalments. This is true for claims that settle out of court and those decided by a Judge. You also do not have to pay interest on any compensation a judge may award due to the processing time of a claim. For example, if your claim took two years to process, a judge may award interest in recognition of this delay.
Will Compensation Affect My Benefits?
Depending on your individual financial circumstances and the amount you receive, your compensation payment could have an adverse effect on the sum of any benefits you are entitled to. This can be particularly worrying if you get any means-tested benefits such as income support, housing benefit, or council tax reductions. Simply put, if you receive any means-tested benefits and receive a compensation payment takes your personal savings amount above £6,000, then your benefits will be affected.
A way to prevent this from happening is to set up a Personal Injury Trust. Your solicitor can advise you on whether this may be necessary and, if so, how to proceed.
What is the Difference between Claiming Workers’ Compensation and Suing?
Making a workers’ compensation claim is done outside of court. It is similar to claiming compensation if you were injured in a car accident only you make your request through your employer rather than via your insurance company.
Suing, or litigation, is a legal process which occurs when your employer’s insurance company does not accept your employer was responsible for your accident, or when it is not possible to reach an agreement on what is a fair amount of compensation. A hearing takes place in court where a judge decides responsibility and how much, if any, compensation will be paid.
In both situations, the decision is final. Once you have accepted a payment from your employer, you can’t make further claims even if your injury turns out to be worse than it originally appeared. Your acceptance of compensation represents the end of the process which is why it is critical you do not agree to any out-of-court settlement or enter any negotiation without first obtaining expert legal advice from your own employment lawyer.
The Next Step
Talk to The Compensation Experts today. Our legal advisors are here to help and will be happy to answer any initial questions you have about making a workers’ compensation claim. We offer a No Win No Fee* service to ensure there is no financial barrier to you receiving expert legal representation and the support you need to obtain maximum compensation.
Complete our online contact form or call us today.
Need some help?
Am I eligible?
If you have been harmed physically in the last 3 years, due to someone else’s negligence, the short answer is yes.
Exceptions to this are for instance industrial disease or if you were a child at the time of the accident you may have a longer period to claim.
How much could I claim?
As every injury is different, the amount of compensation paid out can differ case to case. Varying factors lead to the final figure include: extent of your injuries, earnings missed out on, future losses and more.
Our dedicated team of experts will give you an indication of how much you could potentially claim for.
How does the process work?
We understand that when making a claim it’s important to know what to expect and when to expect it. That’s why we make the process as transparent & clear as possible.
Your solicitor will gather all the evidence and will notify the negligent party that you wish to begin claim proceedings. With your solicitor negotiating on your behalf, you will be keep up to date every step of the way.
Why should you use us?
No Win No Fee*
We assess all claims on a No Win No Fee basis, then we can determine how successful a claim is likely to be. This service is 100% free.
We assess each claim on its merits with the information provide, which aids us determine its likely success rate.
Our dedicated panel are experts in securing compensation no matter the injury.
Our personal injury solicitors are committed to securing the best possible outcome for you while providing expert support every step of the way.
Personal Dedicated Solicitors
Each client is provided with their own Personal Injury solicitor who will work on the case from start to finish, being there every step of the way. The client will be provided with a direct phone number and direct email address of the solicitor.
Expert workers compensation solicitors working for you
We specialise in helping victims of work place injury claim the compensation they deserve.
We work on a No Win No Fee basis, meaning if we don’t win your case you don’t pay! Once you make contact, our experienced team will work to recover the maximum compensation you are entitled to.