How does claiming injury compensation affect my employer?

25 questions have been answered below, why not ask your own?

When an employee is injured in an accident at work, the injured person is often left in a quandary as to whether or not they should pursue a claim against their employer for Personal Injury Compensation.  Employees often feel a loyalty to their employer and worry that making a claim against the company, could cause the business financial hardship or lead to their colleagues to lose their jobs.  As well as knowing what to do after an accident at work, in terms of reporting the matter, seeking medical attention and worrying about letting colleagues down, the employee often worries about how a claim could upset the apple cart.  An accident at work can have a big impact on a workers life.

Obviously, such loyalty is misplaced.  When making a claim, the claim is made against an insurance policy. In the case of an accident at work, it is against Employers Liability Insurance policy, rather than directly against the business itself.  Of course, there is usually an excess to pay, but the injured party must remember that they were injured through a negligent approach to the management of Health & Safety in the workplace and that their injuries and often, an inability to work as a result, was not their fault.

Accident at work victims need to be aware than their colleagues will never know that they have made a claim (unless they wish to disclose this themselves) and that in most circumstances, their line manager will also not know.  The process of claiming is straightforward and confidential.  Following an accident at work, a claimant will receive medical attention and then appoint one of our Specialist Personal Injury Solicitors.  The Solicitor will then issue a letter of claim to the employers insurers and it will be the insurers who will handle the matter rather than the employer.  Of course, someone in the company will be asked for their version of events and for a copy of the accident book, so the employer will be aware that a claim is being made, but they will not be allowed to discuss it with the claimant as all correspondence has to be directed through your chosen Solicitor.

So claimants can ease their worries about claiming after an accident at work.  The whole point of claiming is to seek some justice and receive compensation for your injuries and losses, including lost income.  Fellow employees will not be affected, the only effect it will have on an employer will be for them to tighten their Health and Safety management policies in order to prevent their insurers from hiking their premiums the following year.  Therefore, it is fair to say that pursuing rightful claims can actually improve the workplace for fellow employees, creating long term benefits rather than damage to the employer.

25 questions have been answered below, why not ask your own?

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Questions & Answers


  1. Dan

    Hi

    I have developed quite a bad repetitive strain injury at work which has prevented me from carrying out my usual work duties. I had to request light duties at work in the end, due to being in constant pain in and out of work. I was made to do the same repetitive job every day with no rotation, and started to develop pain. I put the injury in the accident book, but was not allowed any rest. I have had all sorts of threats in work about complaining, and am worried about putting in a personal injury claim. I am having Physiotherapy currently, and my doctor has given my employer a note to put me on light duties until my injury is better. He warned me that it may be a long road to recovery. Do I have grounds for a personal injury claim? This injury is seriously affecting my personal life due to the pain.

    Many thanks,

    Dan

    Reply
    • Ian Morris

      Our specialist Solicitors can certainly pursue such a claim if it is felt that the employer has failed in their obligations to provide a safe working environment. Employers must ensure that workers are afforded appropriate rests from certain tasks and equipment and if they have failed to do so, you may well succeed repetitive strain injury claim.

      It is important to act quickly in such claim scenarios, so it would be wise to start your claim as soon as possible.

      Reply
  2. richard

    i worked for a private company and i was stabbed in the side of my face by one of my client and at the moment my lawyers have requested the company insurance however i believe the company dont have insurance.
    i was stabbed with an 11 inch knife and punched 4 times by my client who i was supporting. i was working as an outreach mental health support worker. there was no risk assessment done on the client and no information disclosed. i am suing my company for negligence

    Reply
    • Ian Morris

      As the employer had failed to carry out any risk assessment and you had not been properly made aware of the risks you faced in the work you were tasked with, you have every right to pursue a claim against the employer on the grounds of employer negligence.

      If the employer is found to have no insurance, you may still be able to pursue a claim against the company directly and your Solicitor should be able to advise you on that.

      You may also consider pursuing a claim via the Criminal Injuries Compensation Authority (CICA) scheme if your claim against the employers becomes unviable. Again, speak with your Solicitor about this.

      Reply
  3. Roy

    I have been working for a private residence for about 6 years.
    I am paid in cash and do not have a written agreement but work the same hours / days each week.
    Recently one of the horses hit my face breaking my nose and a whiplash injury. I have had an operation on my nose. I asked the employer for their insurance details to make a claim but was told they do not have insurance only the usual property insurance.
    Does this mean I cannot claim against them?
    They have since cut my hours and told me to sue them if I want to.
    Thanks

    Reply
    • Ian Morris

      The lack of contract and the fact that you are paid in cash will make it easier for the employer to deny any link with you than if you were paid via the bank and had a contract. Therefore, to have any prospect of pursuing a claim successfully is by being able to prove that you were injured at work and due to the negligence of the employer. To this end, do you have anything at all in writing between you and the employer regarding your injury? That could be a text message exchange, emails a letter or even a comment on a social media post?

      The employers failure to have appropriate insurance doesn’t mean that you can’t claim as you would be able to claim against their personal wealth or assets.

      Reply
  4. Karen

    I suffered with anxiety and work stress last year. for 9 months I was off sick under sick lines and went back to work at different dept. I cut hours to 22 per week 4 days to try reducing my stress levels. I am audio typist with Council this week they have moved my desk and beside me put a girl with autism she’s loud and I cannot hear my audio. I asked for new headphones but been ignored by a manager grade who is supposed to be my peer she will do nothing but makes for a hostile environment, this manager has had many complaints about her but is still sitting there doing nothing for any staff she has been placed in charge over. I ask her a simple question and she responds with being hostile not just to me but the team. She has been through work mediation with another colleague. She is a waste of public money yet she’s allowed to carry on regardless. I am going to be taking my redundancy to end this fiasco of a workplace but I’m upset that a Once good job I loved went bad and caused me stress and a heart attack in 2017 also.

    Reply
    • Ian Morris

      You would be wise to seek advice from an employment law specialist regarding your feelings that your only real option is to resign. You may have some rights under employment law legislation that should be considered.

      As for a claim for work related stress, there is a possibility that you could be out of limitation and may therefore be unable to make a claim. However, if you would like to seek some specialist advice and find out if you can pursue a claim for personal injury work related stress compensation, please complete and return our stress at work questionnaire. We can then have our expert consider your situation and advise you further.

      Reply
  5. William

    Hello
    I am a delivery driver for a huge company. In July I had a terrible high speed accident. A motorcyclist collided head on with the side of my van at speeds in excess of 100 mph. Tragically the motorcyclist lost his life. What I witnessed has haunted me since that day. The motorcyclist’s injuries were more reminiscent of a soldier stepping on an IED. I have been off work since and have not been able to drive at all. The thought of going back on the road petrifys me. The motorcyclist was not licensed or insured to drive the bike. Can I make a claim on my employers insurance?
    Thanks
    Will

    Reply
    • Ian Morris

      As the motorcyclist appears to have caused the accident, they are the liable party and any claim would be against them. As the Motorcyclist was not insured, you have no insurer to claim against so would have to address a claim for the psychological injuries sustained to the Motor Insurers Bureau (MIB). Our Solicitors can assist you in making a claim on a No Win No Fee basis to the MIB, should you wish to pursue action. I should point out that you do not HAVE to have a Solicitor to represent you with a claim to the MIB as you can complete an application to them and submit the same directly. Of course, we would recommend that you do have a Solicitor to act for you to ensure that your rights are properly upheld and that the full extent of the injuries and losses caused to you in the incident are noted and that any settlement appropriately accounts for the same.

      The MIB will handle the claim for any victim of uninsured or hit and run drivers and will act as if they are the insurers of the liable party.

      If you would like to find out more and start a claim, please call us on 01225430285.

      Reply
  6. Brenda

    I fell over some equipment at work and have suffered a tear in my rotator cuff. I went to A&E and I am now attending physiotherapy. If I make a claim, will my employer know about it? I am worried because I’ll need to go back and work there and I don’t want to get any employees in trouble who left the equipment out that caused my accident!

    Reply
    • Ian Morris

      Should you make a claim, it would be against your employers insurance. Employers are obliged to have employer liability insurance cover, so making a claim doesn’t directly impact on the business. However, the employer would be made aware of the claim by their insurers as they would want to get the employers input in to the claim and the incident in which you were injured. That said, your employers would not directly discuss the claim with you as the matter would be between your Solicitor and the employers insurers. You have a legal right to make a claim for compensation in the scenario you describe and you could not lose your employment by making a claim.

      You should not be concerned about your colleagues who caused the accident, they will not lose their jobs if you make a claim. The likely and welcome outcome would probably be that your employers remind ALL staff to ensure that they do not leave items in walkways or working areas that could then lead to accidents.

      Rotator cuff injuries can be serious and recovery from such an injury can be a long process and many people struggle to get to a position where they feel the shoulder is strong and working properly. As such, the injury could have a long-term impact on your life both and work and at home and you really should therefore consider the merits of making a claim for compensation.

      Not only would a successful claim see you obtain compensation to cover the pain and discomfort caused to you by the injury and the impact on your day-to-day life, but you would also be able to recover any incurred costs, lost income and access some specialist rehabilitation therapies.

      On the basis of your description of your injury and the cause, our initial view is that you have a valid claim. We would very much like to help you to further understand your rights and answer any queries you may have about the No Win No Fee claims process etc, with a view to helping you make your claim for compensation.

      Please call our friendly team for further help on 01225430285. If you prefer, you can use our ‘contact us‘ call back option to ask us to call you at a time that suits you.

      Reply
  7. Jamie

    Hi, I had an accident at work back in September causing me to break my humerus bone. I made an accident claim against my boss who has now shut down his business as it came back that he didn’t have liability insurance at the time and only took it out after the accident. Can you please tell me what what will happen? Will I still be entitled to anything?

    Reply
    • Ian Morris

      As the employer didn’t have insurance, it does make the prospect of succeeding with a claim smaller. However, all is not lost as you can re-direct your claim against the employer personally. If the employer has personal wealth sufficient to pay compensation, the Solicitor could pursue them directly.

      Reply
  8. Amy

    I’m a hairdresser and I slipped on a leaking basin that hadn’t been fixed properly,I fell hard and bashed my knee and hurt my back I have been suffering ever since. Can I make a claim if I haven’t been to see the Doctor about it? It happened 4 weeks ago. Also will my employer suffer from this financially if I did make a claim?

    Reply
    • Ian Morris

      You describe an accident at work scenario in which it is easy to see that the employer has been negligent. The cause of the slipping hazard was a leaking basin that had not been fixed properly. The employer has a responsibility here to ensure that the workplace is safe and by allowing an ongoing slipping risk to remain present, they have been negligent.

      The fact that you have not yet seen a GP is not a particular issue, but you should seek a medical appointment at the earliest opportunity and advise your GP that your injury was sustained at work as a result of a slip on a wet floor from a leaking basin.

      If you were to claim – and to be honest, you’d have every right – your work would not be affected and your employer would not be personally impacted as the claim would be against their insurance cover and not against the business owner.

      We would happily pursue this claim for you.

      Reply
  9. Walter

    I had an accident at June 19th 2018, my job did not want to cooperate with me because of my injury saying that I caused the accident with another bus, but I was still hurt on the job. I left the job because I was under a lot of stress, from now I’m getting ready to have an operation that’s going to keep me out of work for my new job for 3 months, can I still proceed with this case?

    Reply
    • Ian Morris

      The fact that you no longer work for your former employer has no impact on whether or not you can make a claim for compensation. The important facts are that there was an accident and that it was recorded with the employer and medical treatment was sought. If those criteria are met (and to be fair, the medical treatment issue is not totally vital), you can seek to make a claim for compensation for the injuries you sustained in an accident at work. Whether or not you can succeed with a claim will depend on the cause of the accident and by being able to demonstrate employer negligence.

      Reply
  10. Marzena

    Could I claim against my employer for accident at work and from my own personal policy that i pay on the monthly basis ?

    Reply
    • Ian Morris

      You could make a claim against your employer for compensation should you feel that your injury in the accident at work was caused by employer negligence. If successful, you could claim compensation for the pain and discomfort of the injury, the costs of any rehabilitation therapy or medical treatments and any loss of income.

      Whether or not you can also claim from a personal policy will depend on what cover you have.

      Reply
  11. James

    Hi,

    I had an accident when doing outside catering for a restaurant business.

    The gazebo had part of its supports snapped off from a previous outside catering. I was lifting something heavy and was unaware of the sharp support and cut my neck.

    Although I didn’t need any stitches the the paramedic crew had to support the cut as it was bleeding heavily. I also had to have a tetanus boost a few days later due to the sharp support being possibly rusty which left me feeling unwell for a day which I had a day off work.

    It has now been about 2 months on and there is visible scarring to my neck where it has healed. The scar is about 8cm in length. I believe this to be permanent.

    As this is my current employment and it is a small business I have been reserved as the last thing I want is for it to have a major impact on the business and staff however reading this article has helped me a little to see it may not have too much impact.

    I am just interested to know what or if I have a claim and whether it would be worth my time pursuing.

    I can supply photos if needed to help support this.

    Thanks for your help.

    Reply
    • Ian Morris

      The simple answer here is that you have a valid claim for compensation. The employers failure to have the gazebo repaired or the risk to health (the sharp broken piece) removed, makes them guilty of employer negligence and as such, you would likely win your claim.

      The concerns you have regarding the effect or impact of any claim you may make on the employer is a common issue that we discuss with almost all claimants who were injured in an accident at work. No person wants to jeopardise their colleagues or employers income or business and as such, it is totally understandable that you would be worried about making a claim. However, your worries need not prevent you from exercising your legal right to make a claim for compensation. Any claim made against an employer would be made against their employer liability insurance policy. As such, the claim would not impact directly on the business, the personal finances of the employer or jeopardise any persons work. Of course, the business may face a small excess on the claim (as with all insurance claims) and will have some paperwork to deal with during the claims process. However, you need to consider the scarring to your neck and the distress that this has caused to you and your long term interests ahead of those of your employer.

      We would be very happy to answer any further queries you may have about making a claim or indeed pursue your claim for personal injury compensation. Please feel free to call us on 01225430285 or use the ‘start a claim’ page of our website to get further assistance. Our article on facial injuries might also give you some further info on compensation amounts.

      Reply
  12. Paul

    Stitches in my leg from work accident but company are paying me, advise please.

    Reply
    • Ian Morris

      Whether or not you receive your usual income after an accident at work will not impact on your right to make a claim for compensation. Anyone injured in an accident at work has the right to make a claim for compensation against their employer if they believe that the cause of the injury or accident rests with employer negligence. Employer negligence may include a lack of training, inadequate equipment or perhaps a dangerous working environment. Employers have a legal obligation under UK law to ensure, so far as possible, that the risk of injury presented by a working role are properly assessed and that all reasonable steps have been taken to reduce the risk of injury. Therefore, in your case you may well have a valid claim for compensation.

      We’re very happy to help you pursue your claim further. Please contact us further in order that we can discuss your situation in more detail.

      Reply
    • Ian Morris

      How did you sustain the laceration to your leg? It is good that your employer is paying you in full as this saves you the added stress of coping with a loss of wages after an accident at work. However, receiving pay will not prevent you from being able to pursue a claim against the employer for the injury sustained and the impact that such an injury is having on your life.

      It would be wise for you to contact us further so that we can appropriately consider whether or not you can make a claim for compensation.

      Reply
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