Note that there is more information about what follows below to be found on our Moray Claims website.
The immediate concern for many people involved in an accident at work is: “If I make a claim will I lose my job?”. The answer to this is: “No” – all employers are required by law to have insurance in place to pay any compensation. If you were subsequently dismissed as a direct result of making a claim for compensation for injuries, you would have another legitimate claim.
What sorts of Accidents at Work is it possible to claim for?
What Should I Do First?
The first step is to make sure you obtain early legal advice. Often, crucial evidence can be lost from the scene of the accident if urgent action is not taken. If possible, take photographs of the scene of the accident.
We will first make contact with your employer who will then pass the letter of claim to their insurance company. The insurer will then start to investigate the facts of the accident to see whether they should accept responsibility for your accident on your employer's behalf.
What Happens Next?
The insurance company generally has three months to investigate the accident before they must inform us whether they accept or dispute the claim. Even if they state that they dispute it at that stage, in most cases we take on, settlement will be agreed at a later date once they have carried out further enquiries.
To succeed with a claim for compensation for a work accident, we will have to establish that your employer failed in their duty of care to protect you whilst you were at work. We will obtain statements from other employees and use photographic evidence to prove this. We will also investigate any earlier examples of similar accidents.
In addition to evidence to prove that your employer has caused the accident, we will get medical evidence to confirm that the accident led to the injuries you sustained. This evidence will be from a General Practitioner or, in cases of more serious injury, a suitable hospital consultant.
In addition to your claim for injuries, you can also claim for other incidental expenses including:
Settling Your Claim
When all evidence has been obtained and your medical condition has stabilised, we will look to settle your claim for you. We will seek offers in settlement from the insurance company and most of the time a negotiated settlement will be achieved without the need for a court hearing. Even if a court hearing date is fixed, the majority of work accident claims will settle before the date of the hearing.
Would You Like Help From Work Accident Experts?
Grigor & Young have specialist work accident claims solicitors waiting to help you. We will provide free initial advice.