What is the work accident claims process?

The process for making a work injury compensation claim will vary from claim to claim, depending on a wide range of factors, including:

  • Where the work accident occurred i.e. on company premises or elsewhere
  • The seriousness of the work injury
  • The long-term consequences of the work injury
  • Who caused the work accident
  • The degree to which the employer was at fault

Injured at work? The basic claims process is as follows:

  • You instruct a solicitor to act on your behalf
  • Your solicitor will arrange for an independent medical to be carried out to assess your injuries and prognosis
  • Your solicitor will work with you to gather other evidence
  • Your solicitor will notify your employer and their insurers of the work accident claim
  • Based on an assessment of the medical and other evidence, liability will either be accepted or denied
  • If liability is accepted or if the employer wishes to settle the work accident claim out of court, an amount for compensation will be negotiated and hopefully agreed
  • If an agreement is reached, the compensation is paid to you
  • If liability is disputed, or a final figure for compensation cannot be agreed, your work injury claim may go to court (only a very few claims do go to court)

This article is intended as a guide to offer initial tips and advice to people who have been injured at work and who are considering making a claim. Please note that this content does not constitute formal legal advice.

If you have any questions about the work injury claims process, it is strongly recommended that you contact a solicitor to find out if you have a claim and to discuss the procedure.

Gaynor Haliday, Legal researcher

About the author

Gaynor Haliday is an experienced legal researcher and published author. She has had numerous articles published in the press and is a legal industry commentator.

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