If you have been injured in an accident at work, then you may be eligible for compensation. Your eligibility under the circumstances depends on when your accident happened, and how your accident happened.
How your accident happened
You have to have diminished liability to have a claim. So, you cannot be 100 per cent responsible for the accident which caused your injuries. You can however be partly liable, although the lesser your level of liability, the more compensation you can claim
When your accident happened
This must be within the last three years. After three years, personal injury claims become statute-barred, preventing you from bringing them forward. The three years starts from either the date your accident happened, or from the date your injuries first became clear.
If you are wondering how to get my claim calculation, the first thing to bear in mind is that there are two types of compensation. These are ‘general damages’, which is the compensation awarded for your injuries, and ‘special damages’, which is the compensation awarded for any financial losses related to your accident. You will put in a claim for both, and these will be added together to create a single settlement demand.
General damages are calculated mainly on the extent of your injuries, and how your injuries have and will affect your life. Your age and gender will also be taken into account. Generally speaking, the higher your level of pain and suffering, the more you can claim. However, your settlement demand to this end has to be fair and proportionate to your injuries. You cannot, for example, claim £100,000 for a broken toe because your claim would be rejected.
Special damages are calculated based on proof of loss and projections. For instance, to claim back travel expenses and medical costs, you would need to produce receipts. To make a claim for income you have lost, then you would produce corresponding wage slips. If you have lost your job as a result of your accident, then you would make a projection of income based on your monthly wages. You can usually claim three months’ worth of wages back.
How much could I be entitled to?
All claims are different, so it is impossible to say how much your claim is worth right here, right now. We recommend that you make contact with a reputable law firm, preferably one with over ten years’ experience, to discuss this. A reputable law firm will be able to give you a clearer indication as to your claim’s value, by referring to past cases and by listening to the nuances of your case. Alternatively, you can call a free, no obligation claims helpline.