A guide to making a No Win No Fee agency worker injury claim
An employer has a duty to ensure that all their employees are fully trained in order to prevent injuries in the workplace. All employees should receive the correct training, whether they are full time, part time or agency staff.
If an employer fails to provide the appropriate training and an employee is injured, then the employee may be able to make a compensation claim.
Health and safety training ensures that employees are aware of hazards in the workplace and know how to handle equipment safely. Further training should also be provided for employees who are using machinery or handling heavy loads. An employer should also provide employees with protective clothing and equipment if necessary.
What to do if you have an accident?
At the scene of the accident, the names and addresses of any witnesses should be gathered as they may be contacted to give a statement of events. If possible, photographs should be taken of the scene.The accident should be reported to the employer and recorded in an accident book.
An injured person should seek medical attention before anything else. In most cases, a Claimant will have to undergo a quick and simple examination by a medical professional appointed by the personal injury solicitor. The impartial medical professional will compile a report of the Claimant's injuries and may suggest further treatment if necessary. The medical report will help the lawyer to negotiate settlement terms.
Should you make a claim?
Some people feel that there is a stigma attached to making a compensation claim and some injured people are concerned about how other people will view them if they make a claim. If you have been hurt in an accident as a result of somebody else's negligence or recklessness, making a claim can help return you to the position you were in before the accident. This should certainly be viewed a positive course of action.
An employer cannot legally dismiss a worker who has made a compensation claim. In many cases the employer is not directly involved in the claim, and the case is handled by the employer's insurance company.
The amount of compensation awarded will depend on a number of factors including the severity of the injury and any future treatments that may be needed. As well as claiming for the pain and suffering experienced as a result of the accident, a Claimant may also be able to claim for special damages.
Special damages refers to additional costs incurred by the Claimant such as medical fees, travel costs and loss of earnings (if the accident has left the Claimant unable to work).
An injured person may also be able to claim compensation if the accident has made a pre-existing medical condition worse.
If you have been injured in an accident and are unsure about your rights to make a claim, call us on 0800 612 7456 for a free consultation or get an online Compensation Claim Report.