A Guide To Work Injury Compensation

Injuries at work are variable in nature but the most common ones are hand injuries, hernias and injured backs. If you incur this type of injury, your path to compensation should be easier since their frequency means that the levels of compensation are established and generally accepted. Should you sustain a less common injury, your case may be less straightforward but this does not mean it is less likely to succeed.

Whatever type of injury you have, to claim work injury compensation, you must be able to prove that it exists, has been sustained during the course of your work and results from the negligence of your employer or from one of their employees. Employers have responsibility for the actions of their employees under vicarious liability.

You must also have suffered an injury that causes actual pain or suffering and results in loss of earnings, increased costs or a lower quality of life. If none of these has resulted from your injury, there is no basis for compensation.

If you do have a genuine claim, you need proof and, the more you have, the more likely it is that your claim will succeed. Employers are obliged to maintain an accident book and complete an accident report for every significant occurrence. Ensure the accident is recorded completely and correctly in the book and ask for a copy of the form. You should also try to get witness statements from employees and others who saw what happened. However, don't be surprised if your fellow employees are reluctant to help as it's only natural that they may not wish to make allegations against the company that pays their wages.

It's important that you seek medical attention straight away so that the extent of your injuries is recorded by someone who is medically competent. This may be your own GP, the local hospital or, at the very least, the company's first aider.

Collect all the evidence you can to prove loss of earnings and other costs that arise from the injury. Wage slips from before and after the accident should indicate the extent of your reduced earnings while receipts will cover any expenses you have incurred, such as travel costs, medication and any other outlay directly related to your injury.

If you gather as much evidence as you can, this should help you prove your case and increase the chances of success in gaining work injury compensation. Providing you can prove you have suffered actual injury and financial loss as a result, and that the employer was liable, you have every chance of success. Your case will also be helped if there have been previous occurrences of the same or similar type of accident.

The main problem maybe if there is disagreement on the level of compensation that is appropriate. This may generally only occur if you suffered an uncommon type of injury and will require negotiation to reach a successful conclusion.