If you have been injured at work through no fault of your own, you may be entitled to accident at work compensation. Few personal injury victims have prior experience of the claims process, so they have no feel for the level of compensation they can expect to receive. Here, our expert personal injury team explains how personal injury solicitors and judges calculate the accident at work compensation appropriate in any given case.
To speak to our accident at work experts please call us free of charge on 0800 988 3674 or Make A Free Online Enquiry.
How Is Accident At Work Compensation Calculated?
Like all personal injury compensation, accident at work compensation is divided into two distinct types: General and special damages. ‘Damages’ is simply the legal term for compensation.
General Damages
The primary purpose of general damages is to compensate the victim for what the law calls their ‘pain, suffering, and loss of amenity’. Since the impact of an injury can differ dramatically from one victim to another, it is impossible to say what would be an appropriate general damages award without first seeing the evidence.
In many cases, a crucial piece of evidence when calculating accident at work compensation is that of the expert medical professional instructed to give their opinion on the victim’s condition. The expert will provide a report outlining the nature and extent of the injuries and discuss their prognosis. Your personal injury solicitor will rely on that report to support your general damages claim.
While the level of general damages awarded in any given case depends on the circumstances, practitioners and judges can refer to a set of guidelines devised by the Judicial College to get a feel for the range of damages considered appropriate for different injury types. We will use these guidelines as a starting point for your accident at work compensation claim and adjust them to reflect your situation.
Special Damages
Special damages are intended to compensate you for the financial losses you have sustained and will sustain in the future as a result of your accident at work.
Sometimes, special damages are easily quantifiable. For example, if your injuries are relatively minor and did not render you unable to work, they may be limited to travel costs and medical expenses. In other cases, calculating special damages can be far more complex and may even necessitate the input of a specialist forensic accountant. For example, if your injuries are particularly severe, you may be unable to return to work for some time or at all. You could then potentially include a claim for all the earnings you will lose in the future, as well as any pension losses, lost commission, lost bonuses and the like.
When Will You Receive Your Accident At Work Compensation?
Most personal injury claims are settled out-of-court. There are several methods of dispute resolution that do not necessitate court proceedings, such as mediation. These methods are usually far quicker and cheaper than litigation, and most clients find them significantly less stressful. If your case is settled out of court, the settlement agreement will likely state the date by which your accident at work compensation must be paid. Your employer will be insured against accident at work claims, and their insurer will likely make the payment.
In the unlikely event your case goes to court, you will receive your accident at work compensation when your case ends, and you receive judgment in your favour. Some particularly complex personal injury claims can last for many months and even years. In these cases, we can apply to the court for an interim payment to cover your rehabilitation needs and medication costs in the meantime where necessary.
How Much Will It Cost To Claim Accident At Work Compensation?
At Bartlett’s, we firmly believe that anyone who has been injured in a no-fault accident at work is entitled to claim accident at work compensation regardless of their financial situation. That’s why we act for most of our clients on a no win, no fee basis. We have vast experience in personal injury cases, so we are adept at identifying those with a good chance of success, and we will work tirelessly to secure the maximum amount of compensation on your behalf.
Under our no win, no fee agreement, you only pay our costs as and when your claim succeeds, either through settlement or at trial. When you win your case, you pay us the amount detailed in your agreement, which can be no more than 25% of the compensation you receive. The arrangement allows you to pursue your accident at work compensation with no financial risk and keep the majority of your damages.
To speak to our accident at work experts please call us free of charge on 0800 988 3674 or Make A Free Online Enquiry.
