Like most of our new clients this may be an entirely new concept to you and you may have a lot of questions about the whole process and what happens next. Below are a handful of common questions we face in the Employers Liability Team.
The Time Frame To Make A Claim?
The Limitation Act 1980 governs accidents in England and Wales. The time limit for bringing a claim in personal injury is 3 years from the date on which the cause of action occurred. However, if you have had an accident at work more than 3 years ago you still may be able to successfully bring a claim for personal injury.
Can I Sue My Employer If I No Longer Work For Them?
The simple answer is Yes. You can commence a Personal Injury claim in England and Wales after you have left your employment with your previous employer. Once instructed, our Employers Liability Team will carry out the necessary investigations in order to identify the current status of the potential Defendant and whether they held any insurance at the time of your accident.
What Can I Claim For?
Should your claim be successful, your compensation is broken down into two categories.
- General Damages
This relates to the pain, suffering and loss of amenity that you experienced following your accident at work. Once we have obtained finalised medical evidence from an expert, who has the relevant expertise to comment upon your injuries, we can then quantify your claim. Take a look at our ‘Compensation Calculator.’ This shows a general indication of how much your claim is likely to be worth, based upon the injuries you have unfortunately sustained.
- Special Damages
This relates to any expenses or financial losses that you have incurred as a result of your accident. Below are some examples of the various heads of loss we aim to seek to recover.
- Loss of Earnings
- Care and Assistance (from friends/family following your accident)
- Medical Expenses (prescription costs/over the counter medication)
- Travel Expenses (trips to and from GP/Hospital or Physiotherapy appointments)
Do I Need to Inform My Employer About Making A Claim?
Once you have decided to pursue a claim, there is no obligation to inform your employer of your intentions. Normally, the first time your employer will be aware of a claim is when they receive our initial Claim Notification Form/Letter of Claim in the post or when they are informed by their insurers. Most of our client’s will continue working whilst investigations are carried out throughout the claims process.
What Happens If My Employer Denies Liability For My Accident?
When we receive a denial of liability for your accident your employer should then provide documentation to support their denial known as disclosure. A denial does not automatically result in your file being closed. Once received, we will then send out the documents for your consideration. Once we have assessed the strength of the disclosure and the prospects of success we will then take your instructions and advise you of the next steps. For further information on our success take a look at our Client Testimonials.
How To Get In Touch?
So, if you have had an accident at work and need some questions answering, do not hesitate to call 0845 456 4007 to speak to one of our personal injury experts. We offer a no win no fee service and should your claim be accepted you will be able to contact the specialist in the Employers Liability team to discuss any matters further.