I’m a personal injury lawyer, here are five misconceptions when making an accident at work claim

You can get fired or laid off for making an accident at work claim against your employer.

No, you cannot get fired or laid off if you decide to make an accident at work claim against your employer. Legally this would go against the Employment Rights Act 1998, therefore it would be unfair dismissal.

Employers have a duty of care for their staff under the Health and Safety at Work Act 1974 and at Common Law. Therefore, if they have not met these responsibilities and caused injury to yourself, you have a right to pursue an accident at work claim.

My injury isn’t serious enough to make a claim.

Even if it wasn’t a serious injury, you may be entitled to compensation.

If your employer has put you or other employees at risk of injury or harm through negligence, that is a valid reasoning for a claim.

As well as this, if you had time off, sick leave or medical appointments as a result of your injury - these can all contribute to financial loss.

You will go to court.

This is determined on a case-by-case basis, but most cases are settled through negotiation.

However, if a settlement cannot be reached between employer and employee, then the case may be escalated to court. As daunting as that may seem, a specialist Lawyer will support you through the whole process.

I am unable to make a claim as I am partly at fault.

Even if you were partly at fault, you can still make a claim.

In this scenario, if you have some responsibility for the accident, the compensation amount may be reduced to reflect the level of fault you had during the event.

For instance, if you were 20% to blame for the accident, and your claim settled for an overall figure of £10,000, you would only receive compensation for 80% of that figure and you would receive £8,000.

I can’t make a claim as it happened a while ago.

It would depend on the length of time. The time limit is three years. This means that if settlement has not be reached, court proceedings require to be raised within 3 years from the date of the accident.

I would urge anyone who is considering making an accident at work claim to go forward as soon as possible. The longer you leave a claim, it can make the case more difficult through the loss of information and evidence.

Seeking legal guidance for an accident at work claim

If you are looking to make an accident at work claim, the first step is to seek legal advice through a personal injury Lawyer. Call us on 0330 041 5869 or contact us online.