Have you have ever sustained an injury that didn’t receive proper medical attention? Perhaps afterwards it became a larger problem, turning a little accident into a disaster.
Legally, receiving damages for the pain you suffered from this type of accident can cause two issues: first, that the injury was initially only minor, and perhaps you ignored it or didn’t officially declare the incident. Secondly, it can take a long time for minor injuries to become major issues – you may have forgotten the initial incident or previously settled a minor injury claim without realising the long term damage.
A case study – small accident, big problems
In our case study, 34 year old Peter, an office worker in Bristol, was carrying out some routine filing, when a box that was incorrectly left on a shelf fell, striking him on the shoulder.
After the initial shock and pain involved in the accident wore off, Peter carried on working with a small amount of pain in his shoulder. At the time he simply associated the pain with the feeling of being hit and didn’t officially report the accident to the company’s Health and Safety Officer. However he did mention the incident to his manager as he was unhappy with the way the box had been left.
Three months later, Peter found that he was still having serious pain in his shoulder. The bruising had healed weeks ago and he could see no visible reason why the pain should be continuing. After some nagging from his wife, Peter went to see the doctor about the discomfort in his shoulder. The doctor diagnosed the injury as being a combination of trapped nerves, tissue damage and a minor fracture of the shoulder.
Peter had to have surgery in order to fix his shoulder. The operation came across some slight difficulty, as the injuries had already began to heal and needed to be corrected. After a successful operation, Peter was required to wear a sling for 6 weeks and rest his arm, during this time he was not able to return to work. He also had to take part in physiotherapy twice a week for up to 24 months to regain full movement of his shoulder.
How Peter was affected by the injuries
One of the biggest problems Peter faced with this injury was the financial implications involved, as he was the main earner in his family and during the time of his accident, his wife was on maternity leave with their second child. What’s more, the surgery had to be carried out at a private hospital due to the long waiting lists for NHS treatment. Peter found himself with a mountain of medical bills that he simply couldn’t afford. Because the injury happened months before the surgery, Peter was unsure as to whether he would be able to claim compensation to help cover the cost of his medical expenses.
Making a claim
Luckily for Peter, it is possible to make a compensation claim up to three years after an accident. Plus, because his manager mentioned the accident to the Health and Safety Officer who added it into the company’s log book, Peter had a good foundation to make a claim. He was awarded a settlement that helped to cover all of his medical costs and loss of earnings.
If you have received a minor injury at work that turned into a much bigger problem then you may be entitled to compensation. Peter was extremely fortunate that he told his manager who told HSE and his injury was recorded; always make sure that if you’re injured at work you report it, regardless of how minor it may seem at the time. Make a claim as quickly as possible, this way you can recall the circumstances of the accident clearly and you can seek early legal advice from compensation lawyers.
Showing posts with label Accident Compensation Solicitors. Show all posts
Showing posts with label Accident Compensation Solicitors. Show all posts
Wednesday, 17 April 2013
Tuesday, 8 January 2013
How to Make a Claim after a Military Accident
Making a claim against the Ministry of Defence (your employer) following a military accident isn’t always easy. There are several laws in place that make some accidents claimable but others not so. You need to find out before starting any accident claim whether your military accident qualifies as an ‘accident at work’.
What does this mean?
Personal injury resulting from a military accident can fall into two main categories:
Injury sustained in combat
An injury sustained as a result of the MOD’s negligence or through a breach of duty does warrant a work accident claim however you will need a significant amount of evidence regarding the accident to secure a favourable outcome. You will also need to show that the injury occurred after May 1987 since this is when the law changed to make the MOD open to personal injury claims. Injuries that fall into the claimable category include:
If you have sustained an injury in a military accident that warrants a personal injury claim, or alternatively a claim through the Armed Forces Compensation Scheme, then you need to claim within 3 years of your accident. Every decision made by the appeal courts has the effect of changing the law slightly, making compensation claims against the Ministry of Defence quite complex with ever-changing rules – so you do need to leave enough time to get through the red tape and complete the claim by the deadline.
You’ll also benefit from using a specialist lawyer who understands the complexities of making a legal action due to a military accident . Many personal injury lawyers know about accident at work claims, but because of the uniqueness of the Ministry of Defence as an employer it really will help to put your claim forward in such a way that there is no doubt about who was responsible for your accident.
At the start of your claim you will need to provide as much information as possible relating to the accident. This is what the MOD, or the appeal court, will use to decide whether your claim is valid. The amount of compensation paid out will depend on things like the severity of your injury and the loss of earnings you’ve incurred as a result. Give as much information to your lawyer as you can and you should see a positive outcome to your military accident claim.
What does this mean?
Personal injury resulting from a military accident can fall into two main categories:
Injury sustained in combat
- Injury sustained due to negligence or breach of duty on the part of the Ministry of Defence
An injury sustained as a result of the MOD’s negligence or through a breach of duty does warrant a work accident claim however you will need a significant amount of evidence regarding the accident to secure a favourable outcome. You will also need to show that the injury occurred after May 1987 since this is when the law changed to make the MOD open to personal injury claims. Injuries that fall into the claimable category include:
- Those that occur as a result of defective equipment
- Those that occur as a result of the actions of another employee
- Road traffic accident injuries when in an MOD vehicle or on active duty
- Industrial illness providing the stimulant for the illness e.g. asbestos, was first encountered after May 1987
- Post-Traumatic Stress Disorder (PTSD), although this is a very complex and grey area at present.
If you have sustained an injury in a military accident that warrants a personal injury claim, or alternatively a claim through the Armed Forces Compensation Scheme, then you need to claim within 3 years of your accident. Every decision made by the appeal courts has the effect of changing the law slightly, making compensation claims against the Ministry of Defence quite complex with ever-changing rules – so you do need to leave enough time to get through the red tape and complete the claim by the deadline.
You’ll also benefit from using a specialist lawyer who understands the complexities of making a legal action due to a military accident . Many personal injury lawyers know about accident at work claims, but because of the uniqueness of the Ministry of Defence as an employer it really will help to put your claim forward in such a way that there is no doubt about who was responsible for your accident.
At the start of your claim you will need to provide as much information as possible relating to the accident. This is what the MOD, or the appeal court, will use to decide whether your claim is valid. The amount of compensation paid out will depend on things like the severity of your injury and the loss of earnings you’ve incurred as a result. Give as much information to your lawyer as you can and you should see a positive outcome to your military accident claim.
Thursday, 1 November 2012
Finding The Right Injury At Work Compensation Solicitors For You
If you have suffered an injury or accident at work then there are certain pressures and stresses attached to the situation. Making a claim against your workplace can be a trying process, but if the fault of the accident lies at the employer’s door, then it is a process you are entitled to undertake. To ensure the claim is handled as smoothly as possible, you need to find a team of injury at work compensation solicitors you can trust to act professionally, prudently and quickly to process your claim.
An employer’s duty of care
Every employer has a duty of care to ensure the health, safety and wellbeing of their employees. If they fail in this legal obligation and an employee is injured as a result, they are entitled to make a claim for compensation.
Common workplace accidents include slips, trips and falls, manual handling injuries and construction accidents to name but a few. Such accidents can result in a financial burden on you and your family, as well as the pain and upset these accidents can cause. Whatever the circumstances, your employer is liable, and your employment status will not be affected by a claim.
The range of services
Accidents can arise out of a huge range of circumstances, so by soliciting the services offered by an experienced firm of solicitors, you can be safe in the knowledge that they will have likely encountered cases similar to yours in the past, which can help to increase the claim’s success rate.
Common injury at work compensation services include:
The majority of injury at work solicitors will work on a no win no fee basis. This means that if your case is unsuccessful you will not end up paying a penny. This removes the element of risk from the claim, allowing individuals to pursue compensation without financial reprisals. Even if the claim is successful, in the majority of cases solicitors’ fees will be recovered from the employer. Established injury at work compensation solicitors will provide a no obligation consultation and offer advice on the likely success of the claim.
Compensation claim limitations
The earlier you start your compensation claim the better. Although legally speaking claims have a three year limit on the time period during which you are allowed to make a claim, although obviously the sooner claims are brought, the clearer the facts in employers’ and employees’ heads. However, in some cases if you weren’t sure of your rights at the time of the accident, you may still be entitled to make a claim after this time period.
An employer’s duty of care
Every employer has a duty of care to ensure the health, safety and wellbeing of their employees. If they fail in this legal obligation and an employee is injured as a result, they are entitled to make a claim for compensation.
Common workplace accidents include slips, trips and falls, manual handling injuries and construction accidents to name but a few. Such accidents can result in a financial burden on you and your family, as well as the pain and upset these accidents can cause. Whatever the circumstances, your employer is liable, and your employment status will not be affected by a claim.
The range of services
Accidents can arise out of a huge range of circumstances, so by soliciting the services offered by an experienced firm of solicitors, you can be safe in the knowledge that they will have likely encountered cases similar to yours in the past, which can help to increase the claim’s success rate.
Common injury at work compensation services include:
- Agricultural accidents
- Construction work accidents
- Factory accidents
- Workplace violence
- Slipping and tripping injuries
- Machine work equipment injuries
- Military incidents
The majority of injury at work solicitors will work on a no win no fee basis. This means that if your case is unsuccessful you will not end up paying a penny. This removes the element of risk from the claim, allowing individuals to pursue compensation without financial reprisals. Even if the claim is successful, in the majority of cases solicitors’ fees will be recovered from the employer. Established injury at work compensation solicitors will provide a no obligation consultation and offer advice on the likely success of the claim.
Compensation claim limitations
The earlier you start your compensation claim the better. Although legally speaking claims have a three year limit on the time period during which you are allowed to make a claim, although obviously the sooner claims are brought, the clearer the facts in employers’ and employees’ heads. However, in some cases if you weren’t sure of your rights at the time of the accident, you may still be entitled to make a claim after this time period.
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