A personal injury is a physical injury, disease or illness, or a psychological injury or illness. A personal injury could result in death.
Examples of personal injuries are:
Employers have a duty to keep the workplace as safe as reasonably possible, to provide you with a safe working environment, safe working tools, machinery and equipment, and protective clothing. If your employer fails in this duty and you suffer injury or become ill as a result, you are entitled to claim compensation. Compensation can include compensation for the injury or illness itself, and any loss of earnings or other expenses such as treatment costs. Every employer is required by law to have insurance to cover such claims, known as employers’ liability insurance.
If you’ve been hurt in an accident at work that wasn’t your fault, you can make a claim for compensation. If you have been made ill because of a situation at work, or your employer has been negligent, you can make a claim for your pain and suffering, together with any losses and expenses such as loss of earnings and medical costs.
You can also make a personal injury claim if your workplace accident or injury was caused by a colleague. Do not accept compensation from an insurance company acting for your employer without taking legal advice. You may find that you have settled for less than you are actually entitled to.
You need to start court proceedings within three years of the injury or when you knew about the illness. This time limit can vary,
You need to prove that your injury, illness or disease was caused as a result of the negligence of your employer. Our solicitors will help you to compile your evidence and present it to the third party insurers.
Compensation is different for everyone, but factors taken into consideration are;
You can get compensation for your pain and suffering as well as not being able to do things that you could do before the accident or illness. The compensation is based on medical evidence and specialist reports of your injuries or disease, and the current and future impact on you.
You can also be paid compensation to cover your financial loss because of the accident. The aim of this type of compensation is to put you back in a position, financially, as if the accident had never occurred. You must keep records such as receipts and invoices for your expenses connected with the accident.
Personal injury compensation can cover any loss of earnings since the accident and any future loss of earnings. Compensation can also cover adapting your home or car, and other costs of caring for you.
Compensation can be paid where a person is killed or dies. These will be for funeral expenses and compensation to any living relatives, who were dependent on the dead person.
The Criminal Injuries Compensation Scheme (CICS) is a government-funded scheme administered by the Criminal Injuries Compensation Authority (CICA). CICA makes financial awards to compensate people injured in England, Wales and Scotland as a result of violent crime. The injury can be physical, mental or both.
There are three possible types of CICA award:
Your application will only be considered if it is received on the prescribed CICA form within two years of the incident causing injury. This time limit will be extended only in very limited circumstances.
There is a general rule that any incident for which a claim is being made should be reported to the police straight away. If you don’t do you’re your application may be rejected.
Do not accept compensation from an insurance company acting for your employer without taking legal advice. You may find that you have settled for less than you are actually entitled to. If you are injured at work, you will be entitled to Sick Pay. Your right to sick pay should be in your employment contract or your terms and conditions of employment.
If you are injured at work you may be able to make a personal injury compensation claim.
In order to win your personal injury claim and be awarded compensation, you must use the Pre-action protocol in proving your claim. There are a few things that you must prove to be successful;
HSE – RIDDOR
GOV.UK – Benefits
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