Comprehensive Guide to Industrial Injury & Compensation Claims

Mark Benson

Mark Benson

Money Savings Advice Industrial injury & compensation

Are you one of many people in the UK who suffered an industrial injury at work? Are you considering suing compensation for your injuries?

Some people believe that injuries in the workplace are “part of the job” this is definitely not the case.

If you have been injured as a consequence of negligence in the workplace, then you should seek guidance from a claims management company as soon as possible.

What Compensation Value Can I Claim for an Industrial Injury?

Injuries on a building site or other industrial role are common, and you could be entitled to compensation. Industrial companies are required to have adequate business cover in case of accidents and injuries.

The Health and Safety at Work Act 1974 is one of many acts brought in by the government to protect employees in the workplace.

Unfortunately, we can only estimate at the number of legitimate compensation claims which have not been pursued.

This is generally because of a misconception that injuries are part and parcel of working life. We will now take a look at some of the more frequently asked questions about industrial injuries in the workplace.

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What Are the Most Common Types of Workplace Injuries?

Unfortunately, there is a long list of common injuries associated with the workplace. These include:-

  • Cuts and lacerations
  • Head injuries
  • Crush injuries
  • Falls from a great height
  • Manual handling injuries
  • Electrocution

In reality, the list is endless, but this gives you an idea of the more common types of workplace injuries.

What Are the Most Common Types of Workplace Accidents?

As with the most common types of workplace injuries, this list is also potentially endless but tends to include:-

  • Ladder accidents
  • Unsafe/unmaintained equipment
  • Falling objects
  • Hazardous substances
  • Forklift accidents
  • Needlestick injuries (normally confined to healthcare)
  • Accidents with heavy plant equipment

If you have received an injury as a consequence of negligence by your employer, or any other third party, then you may well be entitled to compensation.

How Long Do I Have to Make a Claim?

There is a three-year window of opportunity in which you can pursue compensation for injuries received as a consequence of negligence. It is worth noting that these injuries could be physical or mental, with each one treated the same from a legal perspective.

This is one of the major changes in recent years, the recognition that mental injuries are treated on a par with physical injuries. There is some confusion with regards to the start date of this three-year window of opportunity. This starts on the date of diagnosis, which may or may not be the date of your accident.

Can I Claim for a Minor Injury in the Workplace?

While it is unlikely that a minor would be allowed in the workplace, there may be occasions where they are able to visit you at work. If they were injured as a consequence of negligence by your employer, there are two options.

As a parent/legal guardian, you can pursue compensation on their behalf. Alternatively, they can wait until they are 18 and then pursue compensation in their own right - in this situation, the three-year window of opportunity would begin on their 18th birthday.

Can I Claim for Someone Mentally Incapacitated?

Whether as a result of the workplace injury, or an additional medical condition, as a parent, legal guardian or family member, you can claim compensation on their behalf. Alternatively, if there is a dispute or nobody to step forward, then the court can appoint a third party to act on their behalf.

Who Pays Any Compensation Awarded?

We often hear of individuals reluctant to pursue compensation against their employer, which may impact the viability of the business. The fact is that the vast majority of compensation claims are funded by business insurance which is a legal obligation in the UK.

So, if you have decided not to pursue compensation because you were concerned about “taking money from your employer” think again.

Can I Claim if I Was Partially Responsible for the Accident?

Again, there is a serious misconception that if you were partially responsible for the accident, you can’t claim any compensation. In a worst-case scenario, negligence would be apportioned between yourself and your employer.

As a consequence, your employee would still be liable to a percentage of the compensation awarded. So, even if you believe you were partially responsible for your accident, this should not stop you pursuing a negligence claim and compensation.

Can I Still Claim if My Employer Has Gone Out of Business?

There really does need to be an educational programme across the UK workforce to explain the personal injury claims compensation industry. Just because your employer has gone out of business does not mean that you can’t claim compensation.

As we touched on above, by far and away, the vast majority of compensation is paid via insurance policies. Again, we can only estimate the number of perfectly bona fides claims which have not been pursued as a consequence of this misunderstanding.

What Kind of Compensation Can I Claim?

When pursuing compensation, you will come across general damages and special damages. General damages relate to financial compensation for your pain and suffering. Special damages relate to costs incurred so far, expected future costs and other issues such as loss of earnings.

If you suffered a serious injury which terminated your working life then between general damages and special damages, there could be a significant award.

How Do I Appoint a Claims Management Representative?

The first thing to do is put together as much evidence as possible regarding your injuries, the circumstances of the accident, photographic evidence, witness statements and anything else you believe will be useful. This should then be presented to a claims management company who will advise you of your chances of success.

What Is a “No Win No Fee” Arrangement?

If the claims management company believes you have a minimum 60% chance of success, they will likely offer you a “no win no fee” arrangement. This will effectively remove your liability for their costs pursuing your case although they will look to secure a “success fee”.

What Is a Success Fee?

A success fee is a share of the compensation awarded in the event of a successful prosecution. This will be part of your client agreement with the claims management company and is generally around 25% of the compensation received.

This allows the claims management company to balance the risk/reward ratio associated with taking on your case where there is no certainty of success.

Summary

There is a general misconception that your employer will directly cover the cost of any compensation. In reality, it will likely be from a business insurance policy. Many people also believe you are not able to pursue compensation if your employer goes out of business which is again wrong.

Even if your employer has been out of business for many years, if you can prove that there was an insurance policy in place at the time of your accident, then the insurance company will be obliged to payout.

How Can Money Savings Advice Help You With Making a Personal Injury Compensation Claim?

Here at Money Savings Advice, we have partnered with some of the UK’s leading Personal Injury Claims management companies. They have already helped thousands of people claim compensation for injuries they have incurred, and they can do the same for you.

Choosing an independent claims management company means they won’t proceed with a claim unless they are sure it is in your best interests. They are also regulated by the FCA, which gives you an additional layer of protection.

If you would like to speak to one of these claim management companies who can help you make a compensation claim, then click on the below and answer the very simple questions.

Money Savings Advice Author Mark Benson

Mark Benson

Mark has been writing professionally for over ten years for the financial sector. Having started in the financial world as a stock-broker in central London and then moving to equities trader Mark is one of our senior financial writers who has a vast knowledge of multiple financial sectors.

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Money Savings Advice is a trading name of RMM Digital Publishing Ltd. Registered trading address, First Floor, 85 Great Portland Street, London, W1W 7LT. Trading in England and Wales, company number 11550143 with data protection number ZA747669.

Money Savings Advice is a trading style of Consumer Credit Justice Ltd.

Consumer Credit Justice Limited is authorised and regulated by the Financial Conduct Authority, Reference 834486. We are regulated by the FCA in respect to claims management activities.

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