Claiming compensation after an accident at work A guide to help you and your family get the most from your claim
INTRODUCTION Though health and safety standards have improved over the years, accidents at work still happen. Every year, many thousands of people are injured or even killed. As personal injury solicitors, we see the devastating impact that can follow a serious accident at work. We see people whose lives will never be the same again. We see families under immeasurable financial strain left to sort out a very different future than the one they had planned. We also see accident victims who are reluctant to take legal action against their employers who, after all, are colleagues and may also be friends. It s a confusing time and it s hard to know where to turn for help. This guide will help you to decide if you, or a loved one, are entitled to make a claim. It will also give you the pointers you need to make sure that you can maximise the compensation you receive. I hope it helps you at this difficult time and if I can be of any further assistance, please get in touch. Scott Whyte scottwhyte@watermans.co.uk
CONTENTS 1. Preparing to make a claim 2. Getting the help you need 3. Getting your life back on track 4. What to do next
1. PREPARING TO MAKE A CLAIM 1. Preparing to make a claim for compensation after an accident at work If you (or a loved one) have been seriously injured in an accident at work, it s unlikely that the first thing on your mind is whether or not you can make a claim for compensation. There soon comes a point when you have to think very seriously about it. For example, your injuries may mean you re missing out financially. Or, perhaps, your injuries have caused major changes to your lifestyle. You may also want to make sure your employer makes changes to ensure none of your colleagues ever have to suffer like you. So what s involved in making a claim?
1.1. PREPARING TO MAKE A CLAIM I ve been injured in an accident at work. Am I entitled to claim for compensation? People are understandably unsure if they have a right to make a claim. If you ve been injured during the last three years in an accident at work in Scotland and it wasn t your fault, then you have the right to make a claim. It s worth remembering that your employer should be insured to cover the cost of any claim. How do I make a claim? Your first step is to speak to a solicitor who specialises in personal injury claims. You ll find that specialists in this field are very approachable. They ll listen to your story and will fairly quickly be able to work out whether or not you have a valid case for compensation. If you do, your claims adviser will talk you through the process from start to finish. They ll be able to assess if you should get further medical assessments and they ll look to address any employment or financial issues that could have an impact on your compensation claim. Once your solicitor has a good understanding of your case, they ll manage the legal aspects of your claim on your behalf.
1.2. PREPARING TO MAKE A CLAIM Do I have to pay up front for legal costs? People who have been seriously injured in accidents often find themselves in financial difficulties usually because they ve lost out on earnings as a consequence of their injuries. So it s understandable that there are worries about paying legal fees. Most personal injury solicitors have a no win, no fee policy. If they take your case on under this type of arrangement, you ll pay nothing up front. The solicitor will then receive their fees as a percentage of the compensation.
1.3. PREPARING TO MAKE A CLAIM How long does a claim take? Every personal injury claim is different. So it s difficult to predict how long they ll take. It s reassuring to know, though, that most cases are concluded as quickly as possible and are often settled without going to court. If necessary, it is sometimes possible for interim payments to be made during the claims process to help ease financial problems that may have arisen since your accident. How much compensation could I get? The amount of compensation you re entitled to depends on a number of different factors. These will include the type of injury you have as well as things like your employment status and potential future earnings that you would miss out on because of the accident. Many personal injury solicitors have calculators on their websites that give an indication of the typical payouts for different types of injury. These are good for a guide but your personal injury solicitor will be able to make a better assessment of the things you can claim for in your own case.
1.4. PREPARING TO MAKE A CLAIM What things can I claim for? Can I claim for loss of earnings? Loss of earnings is one of the things that your legal team will want to recover. They ll claim for actual earnings you ve lost as a result of the accident and also for future earnings that you d miss as a result of your injuries. In addition, the claim will be based on the severity of your injury, how long it has taken you to recover and any rehabilitation needs you still have including specialist treatment. It s worth noting that you should keep ALL receipts relating to any financial outlays that you have that are related to your injury. That could be for expensive items like specialist treatment but can also be simple things like taxi receipts because you find it more difficult to get around. Keeping details of your actual costs makes it easier to claim.
2. GETTING THE TREATMENT YOU NEED 2. Getting the treatment you need Anybody who is seriously injured in an accident at work needs fast and effective medical care. Each case needs individual assessment and the care package you require will depend on a number of factors.
2.1. GETTING THE TREATMENT YOU NEED How quickly can I get treatment? Most people receive their initial treatment from the NHS particularly if if you need emergency care following the accident. Your personal injury solicitor will also take medical advice on all the further treatment you need on the road to recovery. That could mean additional specialist treatment from the NHS or from a private practitioner if required. Their objective will always be to make sure you get the best care available as quickly as possible. Will I have to pay for treatment? You re entitled to the best treatment possible for your rehabilitation. That could include private healthcare if it s necessary. You won t have to pay for your treatment, it will be part of your claim against the person who is at fault for your injuries. As well as treating your injuries your solicitor will help to arrange any ongoing care you need. After care is extremely important in serious injury cases so make sure that you choose a solicitor who can coordinate a total care package. What happens if I need specialist treatment? Your personal injury solicitors will know how to get you the best treatment available. The best companies in the personal injury business already have existing arrangements with high-quality medical professionals. This means that they can quickly arrange the expert medical advice and assessments that you need.
2.2. GETTING THE TREATMENT YOU NEED What treatment can I get? Because your personal injury solicitor is a specialist who deals with this kind of work every day, they ll be able to help you to get the best possible treatment from the NHS. If the care you need isn t available within an acceptable timeframe from the NHS, your solicitor will look to arrange private medical care at no cost to you. Will I be able to get specialist treatment locally? It s important to try to make the rehabilitation process as easy and convenient as possible following a serious injury. Your personal injury solicitor will know what kinds of specialist treatment are available in your local area. If the treatment you need is available nearby, they ll try their best to ensure you get it.
3. GETTING YOUR LIFE BACK ON TRACK 3. Getting your life back on track following a serious injury Receiving treatment for your injuries is only part of the serious injury compensation story. Victims and their families need help to rebuild their lives and your compensation claim will also focus on your future.
3.1. GETTING YOUR LIFE BACK ON TRACK What happens if I can t go back to work either short-term or long-term? Being able to provide for yourself and your family is a major concern when you ve been injured at work. Your personal injury solicitor will help you with rehabilitation and employment reports. They ll also make sure that your claim takes account of your need for compensation for any loss of past or future earnings (including bonuses) if you re unable to work as a result of the accident. In some cases, they may also be able to get you interim payments to cover any hardship you re facing. What if I m still able to work but have to change occupation? The value of your compensation would take account of your need to change your occupation or lifestyle. Your personal injury solicitor should also be able to advise you on how to find alternative employment or any training you d require.
3.2. GETTING YOUR LIFE BACK ON TRACK What happens to my pension? When your personal injury solicitor is putting together your claim, they will consider your pension position. If you (and your employer) were making contributions to your pension, then your claim could also include compensation if you re no longer able to make those contributions. Again, they ll be able to advise you whether or not you need to take specialist advice due to the change in your circumstances. What if my injuries mean that I have to make other lifestyle changes? While some people recover fully after a serious injury, others suffer long-term problems. If your injuries affect your lifestyle permanently, this will be built in to your claim against the at fault party. That could mean claiming for necessary adaptations to your home, long-term medical care, the need for a modified car or other lifestyle changes. These types of thing would all be considered as part of your claim.
3.3. GETTING YOUR LIFE BACK ON TRACK What if I need to move house or adapt my home? It s quite common for people who have suffered severe injuries to require modifications to their existing house or even the need to move to a new home. Your compensation claim would take into account the cost of having to move house or make changes due to your medical requirements. Would things like childcare be covered if I can t manage anymore? Again, family commitments are often impacted by serious injuries. Your personal injury solicitor will be able to assess the impact on your travel and family commitments and will make sure that your claim takes account of your childcare and other family issues.
3.4. GETTING YOUR LIFE BACK ON TRACK Would I be entitled to state benefits if I can t go back to work? Every case is judged on its own merits. To be entitled to full state benefits, you would have to be formally dismissed from your current employment. Do I have to go back to work? Again, this is a complicated area - particularly because the accident actually happened in your workplace. Your legal and medical teams will assess your situation and will advise you on whether you are medically unable to continue with your employment. They ll also be able to advise you any other worries you have about returning to your current place of work.
3.5. GETTING YOUR LIFE BACK ON TRACK What about things like hobbies and other personal interests? As part of the development of your compensation claim, your solicitor will discuss your interests and hobbies and will be able to assess the impact that your injuries have on your lifestyle. They ll claim for compensation if you can t pursue your personal interests any more and will also consider a claim for any related costs in helping you to get back to your hobbies following your injury.
4. WHAT SHOULD I DO NEXT? 4. What should I do next? As personal injury solicitors, we frequently meet clients who tell us that they were worried about approaching us to see if they had a claim. If you ve been injured in an accident at work in Scotland within the last three years that wasn t your fault, then you should seek advice. Ask a solicitor who specialises in personal injury cases whether or not they think you have a claim. They have the experience to quickly assess your case and will be happy to take the time to discuss it with you. Don t suffer in silence. It s your right to claim for compensation.
About Watermans Accident Claims and Care Watermans is one of Scotland s leading firms of personal injury care solicitors. We offer a Total Care approach to personal injury claims. That means providing the highest level of care during and after your personal injury claim. It s an all-round package that takes care of the medical and the legal aspects that you require as you rebuild your life when you ve been seriously injured in an accident at work. Find out more about Watermans Total Care at watermans.co.uk Find out how much compensation you could claim for by using our Personal injury calculator watermans.co.uk/personal-injury-compensation-calculator
About the author Scott Whyte is a specialist in personal injury law. Throughout his legal career, he has represented clients involved in road traffic accidents helping to ensure that they (and their families) get the compensation they deserve at the time they need it most. Scott is Managing Director of Watermans Solicitors Ltd, one of Scotland s leading legal practices specialising in personal injury claims. He s a member of The Association of Personal Injury Solicitors and the Motor Accident Solicitor Society and is a regular contributor to the Watermans Accident Claims and Care blog. Follow Scott on Twitter @watermansclaims Call Watermans on 0131 454 3102 Visit our website at watermans.co.uk Watermans Accident Claims and Care