7 Steps To Making A Work Accident Claim

Copyright (c) 2011 Julie Glynn

Before you decide to make a work accident claim, you need to know exactly how the process works, allowing you to understand what is happening at each stage.

Although every case will differ, there are 7 main steps to follow when making a work accident claim:-

1. Report Your Accident.

If you suffer an accident in the workplace, be sure to record it in the company's accident book, no matter how minor your injury. An accident book is a mandatory requirement for all companies with 10 or more employees, while more serious industrial accidents should be reported to the Health and Safety Executive (HSE).

2. Contact Work Accident Solicitors.

If you believe accountability for your workplace accident lies with someone else - such as your employer - then you may want to consider making a personal injury claim. Work Accident Solicitors be able to discuss the nature of your accident with you, advising you whether or not you have a claim and what action you should take next. Remember, you only have 3 years to make a claim (starting from the date the accident happened) so do not hesitate to contact us for more information.

3. Witness Statements.

Should you decide to make a claim, the next step will be for your solicitor to obtain all the necessary witness statements. The primary statement will come from you, and will lay out the details of the events surrounding your accident and how you have suffered as a result. Other witnesses may also be asked to provide additional evidence. This may be another employee who can provide an account of the accident, or a relative who can verify the effects your injury has had on your everyday life.

4. Letter of Claim.

Once your solicitor has all the facts, it will be necessary to send a Letter of Claim to the other side, called the 'Defendant'. The letter will include the particulars of the claim, such as:

* The exact allegations;

* The reasons for bringing the case;

* Witnesses being used;

* Documents you may wish to be disclosed - eg. the accident handbook;

* The injuries sustained, and what impact these have had - eg. physical harm, financial losses and the ability to work.

The Defendant then has a fixed period (usually around three months) to respond to this letter, in which they will either accept liability, or choose to defend the claim.

5. Medical Reports.

In the meantime, your solicitor will arrange for your case to be considered by a medical expert. The type of doctor required will depend upon your injury - so if you have sustained a fracture, an orthopaedic specialist will be employed. Your medical expert will be given access to your medical records, in will in all likelihood wish to examine your injuries first-hand.

Their conclusions will then be set out in a written report, which will include their professional opinion on your injuries and a prognosis for recovery. This can prove to be a very valuable element of your claim, as not only it can be used as evidence to support your allegations, but it can help your solicitor evaluate a sum for compensation.

6. Negotiate a Claim.

If the Defendant accepts liability, your solicitor will be able to suggest a figure for compensation - known as a 'Part 36 offer'. The amount put forward will be a carefully considered calculation, a process called 'Quantum Assessment'. Included within this will be a sum for General Damages (such as your pain and suffering) and a sum for Special Damages (such as your loss of earning and other expenses).

The offer will either be accepted by the other side, or they will respond with their own suggestion. If the latter occurs, your solicitor will advise you what to do. However, if a reasonable sum can be negotiated, you may be encouraged to accept, as this would prevent the need to go to court.

7. Settlement of your Claim.

Once negotiations have reached a successful conclusion, you can take the final steps to settle your claim. Within around 14 days of the necessary paperwork being completed, you will receive a cheque for the agreed sum. Our solicitors fees are then paid by the Defendant's insurers, so you can rest assured you will get 100% of your compensation.


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Visit Work Accident Solicitors if you have been Injured At Work.

Read more about Work Accident Claims to discover everything you need to know about making a claim.