When an employee suffers an accident at work through no fault of their own, it can be difficult for them to decide whether to pursue a claim for damages. We represent both Claimants and Defendants in a number of work related injury claims which allows us to understand the strengths and weakness in a claim from both perspectives.
Understandably injured employees are often concerned that they may jeopardise their role within the organisation and in some cases, avoid making a claim to try and ensure that they retain their employment. This is understandable, given the significant amount of time spent at work, and especially where employees have built positive relationships with employers and also rely on earnings.
It is important to remember, however, that accidents can and will happen, even where precautions are put in place to avoid them, and even more importantly, that injuries arising from an accident will, in some instances, result in the injured person suffering pain and some form of detriment. Therefore, the positive relationship between employer and employee can be maintained as long as both parties are able to work collaboratively and understand each other’s position.
The procedure for bringing a claim of this nature can vary, but typically, most employers have insurance cover in place which will protect them against claims being brought by employees arising from an accident that was not their fault. All the insurer will ask is for instruction from the employer to handle the claim.
A letter of claim will be sent to the employer so that they can instruct their insurers.Dependent upon the level of injury sustained, the insurers will have either six weeks or three months to investigate the circumstances of the accident and advise whether or not they admit responsibility for the injuries. In addition, when acting for the Claimant, we always ask the insurer to engage in rehabilitation early on so that the injured person is able to recover in the best way possible.
Our Personal Injury team at Ramsdens have a wealth of experience acting for Claimants and Defendants for claims involving an injury at work. If you are considering making a claim or if you have received a letter of claim, please contact our personal injury team on 0800 804 7450, text CLAIMS to 80988, or submit your claim online and a member of the team will get back to you as soon as possible. Alternatively, if you would like some advice in respect of your duties as an employer, please contact our employment team by emailing info@ramsdens.co.uk.