How to make a workplace accident claim

Accidents at work can occur no matter what industry you work in and can happen for a variety of reasons.

For example, construction workers might be at risk of falling from a height, whereas hairdressers could be at risk of being exposed to dangerous chemicals. But no matter what industry you work in, if your employer has not taken reasonable steps to prevent accidents, you may be entitled to compensation.

According to government figures, there are around 40,000 non-fatal injuries and 26 fatal workplace accidents in Scotland every year. Most of these occur in sectors which are considered ‘high risk’ like construction, agriculture, forestry and fishing but accidents can occur in any workplace.

Workplace accidents can affect someone for life, both physically and financially if they are no longer able to work. If you have been injured at work get in touch with Oakwood Scotland Solicitors today.

Accident at work – when can I make a claim?

If you have been injured at work through no fault of your own, you may be entitled to make a claim. Employers have a duty of care to protect workers from harm and provide a safe working environment, and by law, they are required to follow workplace regulations to prevent accidents as far as reasonable possible.

Types of accident at work claims

There are hundreds of potential reasons why you might have suffered an injury at work, but we have listed some of the common causes:

Failure to provide adequate protective equipment
Faulty machinery
Inadequate training to carry out job duties
Lack of risk assessment
Unsafe work environment

Jobs at highest risk of injury

All jobs pose a risk of injury if Health and Safety Regulations are not followed, however we have rounded up some of the jobs most a risk of an accident:

Agriculture and farming
Construction
Factory
Fishing
Office
Oil, gas or offshore
Warehouse
Shipping accidents

If you have suffered an injury at work but your industry does not fall within this list, do not worry, we will still be happy to assess your case. Regardless of your profession, if you have been injured because of someone else’s negligence, you are entitled to seek compensation.

How long have I got to make a workplace accident claim?

In most cases, you will have three years from the date of the accident to make a compensation claim. However, there are some exceptions to the rule for example, if you suffered a serious injury and were not physically able to seek legal advice during your recovery. But, it is always best to contact us as soon as possible.

How long will my workplace accident claim take?

The amount of time it will take depends of various factors and no case is ever the same.

Some of the factors include the following:

Length of your recovery
Ongoing medical treatment
Employers admittance of liability
Other external factors – such as Health and Safety Executive investigations

How much compensation will I get?

The amount of compensation you will receive depends on a number of circumstances including the severity of the injury, the long-lasting impact of the accident and the effect it has had on your life.

The Judicial College Guidelines sets out financial brackets for common types of injury and are broken down into the affected body parts and type and severity of the injury.

They were introduced as it was recognised that whilst no two cases are ever precisely the same, justice was required to develop consistency between awards.

Compensation will be broken down into general damages and special damages. General damages refers to the compensation relating to the injury. Special damages covers any financial losses, for example if you are unable to work because of the accident, or if you need to pay out for help to carry-out everyday tasks such as walking the dog or cleaning.

Will I need to attend court?

Whilst most claims are resolved without attendance at Court being required, there is small chance you may need to give evidence.

Reasons why your employers may refuse to settle your claim are varied. Some examples of reasons a claim can be turned down are:

They do not believe your injuries were caused by the accident
They believe you were responsible for the accident occurring
They disagree that the working practices and/or equipment was unsafe
They deny the accident happened at all

Why should I use Oakwood Scotland Solicitors for my accident at work claim?

Oakwood Scotland Solicitors is an expert in Employers’ Liability cases and has over twenty years of experience in running and pursuing these cases. We are passionate about recovering the compensation our clients deserve and seeking justice for them.

We will ensure that we update you at every stage of the case and you will have a dedicated handler from the very beginning. It can be very stressful after an injury and our team can assist you by breaking down the legal jargon during the process and listening to you.

When you instruct us, you can expect a friendly, down to earth approach together with extensive knowledge of the field which will be used to fight tenaciously with the insurers to achieve the maximum level of compensation possible for you.