Workplace accidents happen across a variety of sectors within the UK. Employees can find themselves grappling with the physical, emotional, and financial consequences of injuries sustained on the job. The aftermath of such an incident can be overwhelming, especially when coupled with the potential costs of care and loss of income due to being unable to work.
In addition to everything else you have to consider, making a personal injury claim might not be the first thing on your mind. However, with the help of an expert personal injury solicitor, the claims process can be handled while you focus on your recovery. This can take anywhere from a few months to years, and depends on a variety of factors, centering around the complexity of your case.
In the event of an accident at work, it is essential to understand your rights as an employee, the steps to take following an accident, and the process of making a compensation claim.
What Affects How Long It Takes to Claim Compensation?
Several factors can influence the duration of a workplace accident claim. There are a variety of factors that can influence the duration of a claim, including:
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The complexity of the case: the intricacies of workplace injuries are often impactful on the length of time it takes to claim compensation. Cases that involve straightforward circumstances, clear-cut liability, and easily quantifiable injuries tend to be resolved more quickly. However, if the case involves complicated legal arguments, disputed facts, or multiple parties, the process can take longer to ensure every detail is considered and addressed.
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Severity and prognosis of injuries: if you have sustained severe injuries, or your injuries have led to a long-term or permanent disability, determining the total impact on your life may take more time. Medical assessments, consultations with specialists, and waiting for a full recovery or stabilisation of your condition can extend the timeline. The goal is to understand your damages and accurately calculate the compensation you are owed.
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Dispute over liability: both sides will need to present evidence to support their argument, and there may be lengthy negotiations or even court proceedings to establish liability. The resolution of these disputes often demands careful investigation, legal analysis, and negotiations, all of which take time.
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Delayed manifestation of injuries: in some cases, the full impact of an injury may not be immediately evident. Some conditions can take months or even years to manifest fully. For example, psychological trauma or certain types of physical injuries may not surface until much later. In these cases, your solicitor might advise you to wait until the full extent of your injuries is known before finalising your claim. This approach ensures that your settlement accurately reflects the total harm you have suffered. However, you should not let this delay you from contacting a personal injury lawyer in the first place.
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Insurance company practices: some insurers may be prompt and cooperative, leading to a swift resolution, while others may employ delay tactics, dispute valid claims, or offer lower settlements, necessitating more negotiation or even court proceedings.
Having a realistic expectation of the timeline involved in making a workplace accident claim will help you to plan your life and what to do during your recovery time, and a professional solicitor will help you to manage this by providing tailored legal advice throughout the entire process. While it might be tempting to seek a quick resolution, it is essential to remember that the aim is to secure a fair and adequate settlement that truly compensates for your injuries and their impact on your life.
Is There an Accident at Work Claim Time Limit?
In general, you must abide by a three-year limitation period when making a personal injury claim. This limit typically begins from the date of the accident or the date when you first became aware of your injury (also known as the 'date of knowledge').
However, it is worth noting that there are exceptions to this rule. For instance, if an individual is under 18 at the time of the accident, they will have until their 21st birthday to bring forward their claim. Another instance is where an individual lacks the mental capacity to make a claim - the time limit will only apply if the individual regains mental capacity, which in most cases is unlikely, therefore removing the time limit completely.
The Personal Injury Claims Process
Claiming compensation for a workplace accident involves a series of steps, each of which is as important as the last in establishing your eligibility for an amount of compensation. If a settlement cannot be reached, the case may then go to court.
Every compensation claim is unique and its timeline can vary significantly based on multiple factors. Here is a generic step-by-step guide to the process:
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Reporting the accident and gathering evidence: this initial step should be taken immediately after the accident. Reporting the incident to your employer is vital to document the occurrence officially. Gathering evidence, which may involve taking photographs of the accident site, collecting witness testimonies, and ensuring the incident is logged in your employer's accident book, forms the foundation of your claim and can help to prevent others from suffering the same accident.
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Seeking medical attention: prioritising your health, you should seek medical treatment right away. Immediate medical attention not only ensures appropriate care but also provides a critical record of your injuries, contributing to your claim's evidence.
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Consulting with a solicitor: once your immediate medical needs are addressed, consult with a solicitor specialising in personal injury claims. At Ramsdens Solicitors, we recommend doing this as soon as feasible to ensure you receive appropriate advice and can begin your claim promptly. Your solicitor will be able to help you collect and collate evidence, understand how much compensation you may be able to claim, and formulate an accident at work claim plan.
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Filing the claim: your solicitor will handle the majority of the legal responsibility of filing the claim. This stage might span a few weeks or even months, subject to the intricacies of your case.
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Negotiation, settlement, or court hearing: this final stage could be as brief as a few months in cases where a settlement is promptly agreed upon. Conversely, if the case proceeds to court, it might extend over a year or two.
Once your case is resolved, a successful personal injury claim can result in a considerable amount of compensation, helping you to cover your general damages as well as medical expenses and lost wages. Should your claim be unsuccessful, you will not have to pay our legal fees, as we approach every personal injury compensation claim with a no win, no fee agreement.
The Importance of a Personal Injury Solicitor When Making an Accident at Work Claim
At Ramsdens Solicitors, our experienced team handles the complexities of personal injury claims for our clients, ensuring they can focus on their recovery while we secure the funds they deserve. We provide a comprehensive service, tackling everything from paperwork and negotiation with insurers to courtroom representation if needed. Our commitment to our clients and our expertise can significantly expedite your personal injury claim's journey while ensuring the best possible outcome.
While making a personal injury claim may seem daunting, timely action, backed by expert advice, and a comprehensive approach can significantly smoothen your journey. With a knowledgeable solicitor like Ramsdens at your side, you can navigate the process with clarity and confidence, maximising the chances of a successful claim.
Start Your Personal Injury Claim Today
If you have been affected by a workplace accident and are considering making a no win, no fee claim with Ramsdens Solicitors. Reach out to us for a free, no-obligation consultation and we will help you to grasp your legal options. Call us today on 01484 821 500, or fill out an online contact form and we will be in touch at a time specified by you.