Do I have to go to Hospital to make a Compensation Claim?
This is a fairly common question that is asked of our expert claims team here at The Injury Lawyers. The answer is no; you don’t HAVE to go to hospital if you don’t need to.
It is highly recommended that you see some form of medical expert. You don’t have to go to hospital if you can see your GP for an appointment instead. As long as you have some form of medical attention which leads to your medical records being updated with information about the injuries you have sustained and how they were caused, you should be fine.
The reason you need medical attention is that we will later value your claim for compensation based on medical evidence from a report we will obtain from a suitable expert. It is a great help to the expert to see your medical records to show that you sought help after sustaining the injuries. They can use this as part of the report.
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Can I Claim Compensation if I Haven’t Broken any Bones?
People often have the misconception that claiming for compensation requires you to be seriously injured, or at least in a position where something is broken and a hospital was needed for treatment. This is not the case – and I’m not talking about injuries that are far worse, like amputations or brain damage; I’m talking about sprains, bruising, and other injuries under the scope of soft tissue damage or lacerations.
The answer is simple – no you don’t have to have broken something, and you can claim for what we would class as minor injuries. There are two potential roads to go down – firstly, if your injury lasts more than four to six weeks, it should be worth at least £1,000. As long as it is worth at least this much, we can make a compensation claim as we are entitled to recover our legal fees from the other side. If it’s worth less than that, you can still claim but the case would likely fall within the realms of the Small Claims Track. For this, a solicitor cannot normally recover fees so you might have to go it alone in a small claims court.
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Not Provided with Gloves at Work – can I Claim for Compensation?
At The Injury Lawyers we deal solely with personal injury claims. You can normally only make a personal injury claim if you have sustained an injury and it was not your fault. Therefore if your employer did not give you protective equipment, such as gloves or a hard hat, and as a result you have sustained an injury, then you may be able to claim compensation. However a failure to provide gloves in itself would not give rise to a successful claim. You can only claim if you have been injured as a result.
Depending on the nature of your job, gloves could be a form of personal protective equipment (PPE). PPE is designed to protect workers from harm or reduce the risk of injury occurring. Gloves could protect you from vibration, dangerous chemicals, sharp objects, or abrasions from rough materials for example. If you were not given gloves at work and you regularly used vibratory tools, you may develop injury as a result (such as vibration white finger). So if the failure to provide gloves causes or contributes to an injury, then it is likely that you do have a claim against your employer.
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Recovering after a Road Traffic Accident with Private Medical Care
Normally you will end up suffering with whiplash after a road traffic accident; unless it was serious and caused you multiple bodily injuries. For the purpose of this article I’m going to stick with whiplash.
Some people are lucky and their whiplash symptoms will completely resolve after a few days. For others, you could be suffering for weeks, months, or even years. There is no miracle cure for whiplash – the pain and symptoms can be managed with pain killers and anti-inflammatory medication, but sometimes it takes more than just a few pills to recover from this sort of injury. That’s where we come in!
We offer the whole package for a whiplash claim – we will settle your claim for the highest amount, and we will deal with your vehicle hire and repair needs, and private medical care as well. We can arrange private treatment to help you recover from your injuries at a much faster rate. This is great for you for two reasons – first you get to recover quicker, and secondly you kind of have to take treatment if it’s needed or offered as you have a duty to mitigate your losses. That means you must do all you can to recover as quickly as you can rather than just suffering on and on needlessly.
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Do I have to be off work to make a Claim for Compensation
Here at The Injury Lawyers we deal solely with personal injury claims – we are therefore experts in the personal injury field. If you are wondering whether you have to be off work to make a claim for compensation, put simply, the answer is no. If you are injured in an accident that was not your fault, you could be eligible to claim compensation. It does not matter whether or not you took time off work.
It could be that your injuries did not affect your work and therefore you may have been able to continue in your employment. With minor injuries, for example minor whiplash injuries, people may not have to take any time off work. Whether or not you do need to take time off work will depend on the nature and severity of your injuries and also the nature of the job that you do. If you do heavy manual work then you may be less able to fulfil your duties. However before taking time off speak to your employer as they may be able to offer you an alternative role while you get better. This is often referred to as “light duties”. You may be able to work but you may not be able to do anything heavy.
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Tripped over Boxes at Work – Personal Injury Claiming
If you have sustained an injury at work, such as by tripping over boxes, you may be entitled to recover compensation. Many employees are reluctant to pursue a claim against their employer for fear of losing their job or fear that it will make life at work more difficult. This is certainly understandable and ultimately it is always your choice whether or not you would like to make a claim. It is your right to claim if you have sustained injury at work and it was not your fault. Whether or not you exercise that right is a decision only you can make.
Trips at work can happen anytime, whether it is tripping over bags on the floor, boxes or cables etc. Most working environments have some kind of equipment that could potentially cause a tripping hazard. There should be procedures in place to keep employees reasonably safe and free from harm. Bags and boxes should not be left in areas where they pose a tripping hazard. These kinds of hazards can often be avoided by adopting simple but effective measures such as keeping bags under desks. Not all trips will lead to injuries and it may just be a case of embarrassment. However if you have sustained injury, you may be eligible to make a work injury claim for compensation.
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To quote (roughly, I think) from the Saw films, the human body is a miraculous creation, and can take a great deal of punishment. If you’ve seen the films, you’ll know what I mean…
But Hollywood aside, the news that an injury you have sustained is going to leave you with a permanent problem can be devastating to hear. For reasons unknown, certain injuries just don’t heal very well, or at all. The obvious ones like amputation or the loss of an organ or similar can obviously leave you with a permanent disadvantage. But there are other things, like permanent muscular weakness or nerve damage that equally leave you with long term and potentially indefinite problems.
Commonly, bone on bone heals well, but for reasons unknown, a ruptured ligament or damaged nerve either needs reconstructing or has little or no chance of recovering. So how do we take this in to account when it comes to valuing a claim for personal injury compensation that leaves you permanently injured? How can we put a value on something that changes your life for the worse forever? It’s not easy; but as specialist injury lawyers, we do it all the time.
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Average motorbike compensation injury amount
Given that road accidents are so common, I can normally tell you that, statistically, the average minor whiplash claim settles for around £2,500. The bracket for minor whiplash, which is where most people will be, is between £1,000 – £5,000.
However, motorbike injuries are of course normally far worse.
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Roof Collapsing Compensation Claims – 100% Compensation
Clearly if a roof collapses and people are beneath the roof, it is highly likely that people will be injured or quite possibly killed. The potential result of such an accident is devastating. A roof could collapse because it has not been adequately checked or maintained. A roof could also collapse due to some other cause such as an explosion or not being constructed properly.
If a roof collapses at work then you may have a claim against your employer. Basically your employer is under a duty to keep you safe and free from harm. There is a requirement to maintain the workplace and keep it safe. Such requirements are all a measure of degree. Clearly if a roof collapses because it is hit by an aeroplane, there is probably not a great deal that an employer could do about it and they are unlikely to be at fault. Such an occurrence would not be foreseeable.
The most common occurrence that could give rise to a personal injury claim would be a failure to adequately maintain a roof. Due to poor maintenance a roof could collapse and cause injury. In this scenario it is foreseeable as if the roof is not properly checked or maintained, it is likely to come into disrepair. Equally if a roof collapsed in a local shop, causing injury, a right of action would be against the owner of the shop in question.
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A Major Workplace Accident Compensation Claim
Here at The Injury Lawyers we deal with all types of personal injury claims. We deal with many workplace accident claims which are often referred to simply as accident at work claims. Such claims can include a wide range of accidents and injuries depending on the nature of the work in question. Although many procedures and health and safety measures should, and are often are in place, accidents at work remain one of the most common types of personal injury claims.
Serious accidents, diseases and dangerous occurrences must be reported in accordance with RIDDOR (which stands for the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations). Under RIDDOR an employer, the self-employed, or those in control of work premises must report any of the following:
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