Work Injury Claim Advice

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Your right to make a work related injury claim stems from the fact that your employer has a general duty of care towards you and has to meet certain minimum standards of care. Therefore, if you can prove that your work related injury was caused by your employer not meeting these minimum safety requirements you will have a claim.

Time is a key factor in your ability to make a successful work related injury claim. Generally speaking you should make a claim as soon as possible. There are practical reasons for this such your memory, the memory of your witness, the location of your accident being fresh, and your own ability to recall with confidence what happened. Therefore, you should obtain work injury claim advice as soon as possible.

Obviously, injuries heal with time so it easier to prove the level of injury nearer to the time of the accident. If, for example, you sustain a soft tissue injury and recover within a year, but do not instigate a claim for 2 years, it would not be as easy to prove your work related injury then and it would have been better to have acted quickly and been examined when you were still symptomatic. There are also legal reasons to act quickly. If too much time has elapsed since your work related injury then you will no longer be able to make a claim under law. The general rule is that you must claim within three years of the accident. There are, however, many exceptions to this rule and you should consult a work related injury solicitor about your particular case.

Making a work related injury claim is very simple if your accident took place in England or Wales. There are four reasons for this. Firstly, you can obtain free work injury claim advice from a number of sources. Secondly, you can expect a firm of solicitors to offer you a 'no win no fee' agreement. This type of agreement ensures that you do not have to pay any legal, court, barristers or expert witness fees associated with your case, so long as you follow your solicitor’s instructions. Thirdly, all information regarding your work related injury claim can be gathered by phone and post, so you will not have to actually visit a law firm if you do not wish to do so. Fourthly, most cases are settled before an actual hearing so it is unlikely that you will have to go through the stress of a court hearing (see the Bartletts Work Injury blog: Stress and the Litigation Process).

Who is best placed to give work injury claim advice? Be wary if you are approached by an insurance company (see our blog Don't Settle For Less). It can be very confusing given the number of TV, radio, newspaper, Internet adverts and cold calling. It seems that everyone is a 'specialist' offering work injury claim advice nowadays. The short answer to this question is to contact an organisation such as the Law Society or APIL (the Association of Personal Injury Solicitors). These organisations will only put you into contact with regulated firms of solicitors and they also issue quality marks for solicitors who excel at obtaining work related injury compensation. You can check with these organisations that Bartletts Solicitors is such a firm. Bartletts offer free work injury claim advice of the highest quality.

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