People are often a little put off by the thought of having to sue their employer. That being said, we live in an age now where compulsory insurance allows people the right to take action and make a claim for personal injury compensation where they are genuinely injured through negligence.
We have rather stringent health and safety regulation in the UK which helps to keep accidents and fatalities in the workplace down – so where there is a breach, you should always make a claim if you are injured and entitled to.
Firstly – do not panic!
Normally all you do when you make a claim is gain access to compensation from insurance that exists for the very reason for you to claim from it. Claiming doesn’t have to be personal – it’s a normal and usually very straightforward process, and it’s your basic human right to seek compensation for a work injury when you are entitled to.
Many employers will actively encourage you to get a lawyer and make a claim. Many people call up and say they have been told by their boss to contact us and pursue a claim. They’re insured – so use the insurance that’s there to cover you! Most businesses, especially larger ones, will have been sued loads of times so you have no need to worry.
You’re legally protected as well – you cannot be dismissed or treated any differently for making a claim. Your employer is normally hardly involved; it’s us and the insurers that can deal with most of it.
When to make a claim
The law normally means that you have three years from the date of the accident in which to make a claim within England and Wales jurisdiction. There can be other factors to consider so you should always seek legal advice for a proper opinion on this, but three years is the common limitation period. This means you must either settle the claim or issue court proceedings before this deadline.
But really you should make the claim as soon as you can, because the longer you leave it, the worse off you could be. Evidence could end up being lost – like CCTV footage being routinely erased, or you could lose touch with vital witnesses that could have proved your claim. Medical evidence may not be as accurate as well if you make a claim later on, and if you leave it to the point where we need to issue court proceedings, you could really jeopardise the claim.
Once court proceedings are issued, deadlines are often put in place by the Court and these can be strict. Missing them can be disastrous for a claim, so you’re better off getting a claim pursued earlier where there is less risk of not meeting such deadlines.
Many people want to wait until they have left employment before making a claim. This is fine, but as I said above, the longer you leave it, the worse off you could be. This is something you will need to take in to very serious consideration.
