Are there any risks in claiming against my employer?
Making a claim against an employer can be daunting. A claimant might fear that they will be treated differently in the workplace, or even dismissed because they have made a work-related compensation claim.
An employer has the right to make a claim for compensation from an employer if the company has failed in its duty of care. Legally, an employer cannot dismiss or discriminate against an employee who has made a work injury compensation claim against them.
All employers are required by law to have workplace insurance, which enables employees to claim compensation if they are involved in an accident at work. In most cases, an employer is barely involved in the claiming process. It is the employer's liability insurance that will investigate the claim, defend the company (if necessary) and pay out the compensation.
Making a claim should not be seen as a personal attack or a betrayal. Often employers will encourage employees to make a claim if they have been injured at work. The company pays insurance premiums for the purpose of compensating injured employees, and the majority of employers take their duty of care towards their employee very seriously.
Thousands of people make personal injury compensation claims each year, so a claimant has no reason to worry that they will be seen as overreacting or acting against the interests of their company.
Making a compensation claim against an employer
In order to make a compensation claim, an individual who has been injured at work must first prove that another person is either directly or indirectly responsible for their accident. This can involve being provided with inadequate or faulty equipment or an employer failing to address or prevent hazards.
As soon as possible, the claimant should seek medical treatment. If possible, photographs should be taken of the scene and the names and addresses of any witnesses should be collected. This evidence can be crucial to proving that your employer was legally responsible for your injuries.
Compensation for a work injury claim
A claimant may be able to claim for general damages, which includes pain and suffering endured as a result of the accident. The amount of compensation will be dependent on the severity and nature of the injury.
The claimant may also be able to claim for special damages, including medical treatment costs and loss of earnings.
Contact us for more information
If you are anxious about making a claim against your employer, or would like to discuss your options, our panel of specialist solicitors are able to provide confidential and no-obligation consultations.
Contact Quittance on free phone 0800 612 7456 or complete an online form and we will call you back at a convenient time.