Having the right evidence to support your claim for personal injury compensation

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When you first speak to a Direct2Compensation solicitor about your personal injury claim, you need to be completely honest about what has happened and how you have sustained your injuries. While we expect this from our claimants, we don’t expect them to know what to do to ensure that the correct evidence is in place, so part of our service involves helping you to gather what you need. Our solicitors are experts in figuring out what evidence is required to ensure that you have a viable claim for personal injury compensation.

In the past, some people have been of the view that the personal injury compensation claims process can be played and that they can get away with making a false claim.  This is not the case as Direct2Compensation and our solicitors have worked hard to make sure that fraudulent or unsupported claims are not pursued. It is almost impossible to make a false claim because regulated claims management companies such as Direct2Compensation and the solicitors we work with ensure that claims are watertight and can be supported with medical evidence, details of reporting of an accident and other relevant issues before agreeing to pursue a claim for personal injury compensation.

Obtaining medical evidence

To make a successful claim for personal injury compensation, all claimants need to have the relevant evidence available to enable their solicitor to present a compelling case to the defendant insurers facing the claim.

Firstly, a solicitor will need to be able to prove that an accident has happened and that injuries have been treated professionally. All claims for injury compensation need to be supported by medical evidence and all claimants will need to sign authorities to enable their solicitor to access relevant medical records to prove the extent of any injury sustained. This proof will be used to place a value on the injury element of any claim settlement, and will be given to a medical expert to write a report that will be used to support any claim for injury compensation.

To obtain this proof, any person injured in an accident should seek professional medical treatment, either from a qualified GP or by visiting an A&E department of a hospital. If you want to claim for compensation, you will need to have medical records to back up your claim so going to see the doctor or visiting the hospital is important.

Reporting and recording the accident

Another important piece of evidence that is used to support injury compensation claims is the reporting of an accident to prove it actually happened. The accident should be recorded with the responsible party in charge of the accident location. When an accident happens at work, in a restaurant, shop or other private establishment, a report of the accident and injuries sustained should be entered in an accident book. Don’t worry if this hasn’t been done yet, because we can help.

In cases where people are injured on publicly owned land, such as in a slip and trip compensation claim, the matter should be reported to the local authority, and in road traffic accident claims, to an insurer or the police.  To find out more about how to properly report and record accident details, read our article about how to report it to the right people.

How we can assist you

At Direct2Compensation, we’ll ensure that your solicitor will confirm to you which types of evidence you will require in order to support your claim for injury compensation. We’ll need you to go through the details of your accident, your injuries and what happened from beginning to end to ensure that we fully understand what you have been through. We’ll ask you about medical treatment so that we can be sure that you have medical evidence to support your claim and find out where the accident has been reported so that details of accident book records or any witnesses can be obtained. All of these elements help to support your claim and give you the best chance of succeeding.

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  1. I had an accident at work were I need to have mutiple stitchs on my thumb went to my gp and she told me that it needs to go in the accadent book so I went to work the next day and my shift leader told me it doesnt and it hasnt been recorded by him but I have proof as my gp had to stitch my thumb now its been about a year now but isnt it illigal to not record the injury

    • Best practice would be for all employers to record all accidents at work, regardless of the severity of the injury sustained. Certainly in this case, where a nasty laceration has been sustained – serious enough to warrant stitches, then an accident book entry should be made. We would recommend that you put the details of the incident and subsequent injury to the employer in writing, retaining a copy of any such report for your own records.

      Have you considered making a claim for compensation for the laceration injury you sustained at work? You may well be entitled to compensation if the injury was caused by employer negligence – such as a lack of training, dangerous equipment without adequate safety measures or perhaps you have a working environment that makes the risk of such injuries likely?

      Why not contact us so that we can further discuss this situation with you? We know your rights after an accident at work and in just a few minutes on the phone with you, we’ll be able to ascertain whether or not you have a valid claim for compensation. You can call our expert staff on 01225430285.

  2. I was riding on a city bus with my boyfriend. The road ahead curved and the bus driver hit the curb and I flew off my seat and hit the floor. The bus driver didn’t stop to see if I (or anyone else) was ok. This happened in Feb. It is now September – my question is whether it is now too late to file a claim? I am still experiencing a lot of pain.

    • It is not too late to pursue a claim for compensation in this matter as you are allowed up to 3-years from the date of your accident in which you can take action.

      In your case, as the driver didn’t take any details at the time, do you have anything on record with CityBus? Did you contact them at all post accident? If there is nothing on record, it may be hard to prove causation for the injuries you have sustained but it would be wise to pursue a claim in this matter.

      If you would like to take this further, we would be happy to assist you.

  3. Hi my name is Beverly. I have had a pre-existing problem and in 2014 had to undergo two knee surgeries. In October 2017 I fell at work when I slipped on a slippery dry waxed floor surface. I fell forwards on to both of my knees with force and fractured two front Teeth, injured my wrists (both left and right) jerked my neck, further damaging a deteriorating disc which was found in 2014 as well as it causing further neck pain, shoulder pain & back pain. I also have a deteriorating disc which was showing up on the MRI that I had done I believe in 2015. ALthough I have had some pre-existing injuries since before this fall in October 12th 2017, they have definitely been worsened as well as new pain. Do I have a case?

    • Whether or not you have a viable claim for personal injury compensation will no so much rest on the pre-existing injuries you have listed or whether you have suffered new injuries, but will come down to whether or not the cause of your slip (the waxed floor surface) was unsafe and a hazard. If it can be demonstrated that the floor was excessively slippery and was either polished too much or had too much wax applied and should have been marked as a hazard with a yellow hazard warning sign, then it is likely that you would be able to mount a successful claim for slipping accident compensation.

      We would certainly like to speak with you with a view to pursuing a claim for you as there could well be something in this for you. Much will depend on whether or not the accident was reported in the employers accident book and what you can state in terms of what you saw in the area around the floor with regards to any warning signs or if you know of any other colleagues or visitors who have fallen or slipped on the floor in question.

      Please call us on 01225430285 or complete a ‘start a claim‘ form on our website. We can then call you and discuss the accident in a little more detail. Our expert staff will be able to identify whether or not you have a viable claim in just a few short minutes on the phone with you.

      We look forward to speaking with you.

  4. If you have a accident at work and you tell you supervisor who also witnessed the accident and you stop and go over to him and he just asks you if you are ok? Then you reply “yes” because of the aderaline rushing through your body and he tells you to carry on with your job is that right? Then you ask him if there is any paperwork to sign and he says nothing dont worry carry on. Then you come into work the next day in pain and tell him and he says he cant do anything.

    • Khizar

      Given the scenario you describe, I would strongly suggest that you write to your employer – either in writing by post or via email – to make a report of the injury you have had at work. You should point out what you were doing at the time, what injury you have sustained, what if anything caused the injury and if you are aware of any employer negligence, list that too. You should let them know that you initially felt ok due to the adrenaline/shock, but that within 24 hours, you were in pain and discomfort.

      If you would like to discuss this with me or for help getting your claim for compensation started, please call us on 01225430285. You can also email me – ian@direct2compensation.co.uk

      Yours sincerely

      Ian

  5. Hello,
    I just have a quick question.
    We had an incident at work and as it affected me I filled in my own accident report.
    The HR told me that I can not fill in my own report into the accident book and it can only be filled out and signed by another person or witness.
    I told the HR that he got it wrong. But the HR replied that I can not fill in my own accident report and he will ask the manager to sign it.
    Though I don’t have a problem with it and I have a copy of the report, I found it a little bit strange that the HR approached me.
    I am a First Aider and I have learned that I can fill in my own report as it is important to report and file any incident or accident even if it is does not seem important.
    Am I am right or wrong?
    Thank you for reading my Email.
    A reply would be appreciated.
    Kind regards
    Ovie

    • Ovie

      Hi, thank you for discussing the importance of recording and reporting an accident in an accident book or other similar incident reporting scheme.

      When someone is injured in an accident at work, it must be recorded – regardless of whether it is a minor injury or a serious injury. Of course, serious injuries should be reported to the relevant Health & Safety authorities, but recording all incidents is very important. Having accident at work details recorded properly and accurately is important for 2 key reasons. Firstly, the employer can review the details of the accident, what injuries were sustained and how the accident happened. They can use this to review their working practices and identify any relevant changes that could be made to reduce the possibility of the same accident being repeated in the future. Secondly, when someone is injured in an accident at work and wishes to pursue a claim for compensation against the employers liability insurance cover, the details recorded in an accident book provide a vital cog in the wheels of the claims process and helps a claimant identify where the employer has been negligent in relation to their accident.

      Your question regarding who can or cannot record the details of the accident is something that usually comes down to company policy. Every employee (or any other person injured in an accident) is entitled to record the details of their accident, how it happened, what caused it and what injuries they have sustained. Most employers are happy for employees to personally record the details of the incident in their words and rely on the honesty and trustworthiness of their staff to ensure that the details are recorded accurately and in an honest manner. Of course, the employer is free to also record their view of the incident – if it was witnessed – and cite any differences they may have with the employees record of the incident.

      The key thing is to make sure that the record that your employer has is accurate and correctly reports the details of the incident in which you were injured. With this in mind, it doesn’t really matter who actually writes down the details, what matters is that they are recorded accurately. Therefore, your employer cannot record the details of your accident without taking a statement from you. You should also ask to review their record and only sign it if you are happy that it is a fair record of the incident in which you were injured.

      If you are unhappy with the way the employer has recorded the incident or you feel that they have failed to record the details properly, you can escalate a complaint to your HR department and take out a grievance. If the employer still fails to satisfy your view as to their actions, you can always contact the Heath & Safety Executive (HSE) and discuss your concerns with them.

      I hope that this response helps you.

      Yours sincerely

      Ian

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