Work related claims
If you or a member of your family have been unfortunate to sustain an injury at work you may be able to pursue a claim. Such claims can be very difficult as one often balances the necessity to make a personal injury claim perhaps for financial reasons against a perceived loyalty to an employer. This can often pose very difficult ethical questions as to whether persons wish to pursue a claim for fear of reprisals by their employer or a perceived lack of loyalty.
Often employees will not realise that an employer is under a duty to hold insurance to cover personal injury of their employees. As a result of this compensation claims are often dealt with by the insurers of an employer as oppose to direct consultation with an employer.
Ordinarily we have found that some people are somewhat reluctant to pursue personal injury claims against their employer but often victims of such accidents have no choice due to financial constraints which are imposed upon them when they are unable to work.
Accident at work claims obviously are very wide ranging depending on the type of employment that you have and the position that you have in that employment. We have dealt with many different types of accidents over the years ranging from accidents caused by defective machinery and dangerous machinery, slipping and tripping on debris on factory floors; injuries involved with lifting or manual handling; injuries within the construction industry; nurses/staff that have been attacked by patients and moreover claims where employees have been exposed to harmful and dangerous substances.
The Health & Safety Executive (government organisation used to promote health & safety in the workplace) estimate that individual employees lose around £558,000,000 per year in reduced income as a result of accidents at work.
In addition to this the ramifications are far more wide ranging impacting on family and other areas of their lives.
Can I claim
Please contact us to discuss your claim further when we can assess the merits of your case.
As a result of The Limitation Act of 1980 this imposes a strict duty upon Claimants to pursue a claim within a strict period of time. Whilst there is provision to dis-apply the strict ruling for Limitation Act essentially you must pursue a claim within three years from:
- The date on which the cause of action accrued or;
- The date of knowledge (if later) of the person injured.
If a person dies before the exploration of the period mentioned above then the period applicable in respect of that cause of action surviving for the benefit of the estate of the deceased party is three years from:
- The date of death
- The date of the personal representative’s knowledge
Which ever is later.
For all cases involving children limitation will expire on their 21st birthday.
What can I claim for
The amount of compensation (damages) you receive is made up of:-
- “General Damages” which compensate you for pain and suffering and loss of enjoyment of life (PSLA)
- “Special Damages” which consist of your quantifiable financial damages. They sometimes include medical expenses, transport cost, nursing or child care costs (in some cases) and a claim for loss of earnings if appropriate. /li>
- “Smith and Manchester Award”
This is where an award of damages is made for the weakening of the Claimants competitive position on the open labour market.
We would welcome the opportunity of discussing all aspects of your claim with you. We can discuss its merits free of charge. Please feel free to contact us on any of the modes of communication set out on our website. Not only can we discuss the merits of your claim but also methods of funding.
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