One of the most common questions lawyers are asked in relation to accident at work claims, it precisely how much compensation may be awarded for a certain type of injury. This is a difficult question to answer.
This post looks at the methods used to calculate the amount of compensation you could receive for a work place accident, as well as giving examples of typical awards taken from the JSB Guidelines, a source of guidance for lawyers and courts dealing with accident claims and personal injury claims.
For more information on how to make an accident claim please visit these recommended accident claims solicitors for personal injury compensation.
What kinds of accident at work injuries can I claim compensation for?
There are many different ways in which you could suffer an accident at work. Below are just some examples:
- Back injuries caused by strenuous work or uncomfortable working conditions.
- Injuries caused by heavy lifting.
- Slip, trip and fall accidents causing injuries ranging from minor bruising to the most serious head injuries or spinal injuries.
- Injuries arising from faulty machinery. This could cause cuts, breakages, crushing or even require amputation.
- Injuries as a result of not being provided with the proper equipment you need to carry out your job safely.
- Injuries to senses such as if you work in a place with excessive noise and you lose your hearing.
You can prevent accident claims at work
It is unfortunate that very often accidents at work are caused by preventable situations (ROSPA have guidelines). However, it is for this reason that your employer has a duty to ensure that you are kept safe in your place of work. This duty includes responsibilities such as:
- Ensuring you have had the proper training required to carry out your role safely
- Ensuring that you have all the protective workwear you require to prevent injury
- Ensuring other members of staff are properly trained so that they do not cause you injury
- Making sure the work area is kept clean, tidy and free of hazards
- Ensuring all machinery is in working order
- Ensuring that regular health and safety inspections are carried out
This list is not exhaustive and these are just examples of the kind of safety obligations your employer has.
When trying to work out how much compensation you could be due for an accident at work, your solicitor will take account of many factors including: all expenses, loss of earnings and bonus, and medical expenses incurred as a result of your injury. In addition, in more severe cases where ongoing support is necessary or lifestyle adjustments are required, the amount of compensation can increase massively.
Moreover, if you are unable to return to work, the law provides for you to claim compensation for future loss of income if you are to return and the cost of care or care in the most serious cases to work to cover not able. Although there is no money in the world is capable of compensating for the serious injury, it is there to make sure you are never out of pocket.
Often we find that at work injuries caused by preventable situations such as lifting heavy objects or falling tripping caused. Your employer has a duty to ensure that you are protected at work and that the area in which you are working is kept in a safe condition. If you have not received adequate training or safety equipment and an injury suffered then you probably have a legitimate right to workplace compensation.
How is work accident personal injury compensation calculated?
If you have been injured in a workplace accident that wasn’t your fault, you may be entitled to two different kinds of compensation. Firstly, you may be entitled to what is known as ‘general damages’. General damages are awarded for pain suffering and loss of amenity you experience as a result of your injury.
When calculating how much you could claim, lawyers and the courts will take into account all of the circumstances of your case. However, the amount awarded will be based on the Judicial Studies Board (JSB) guidelines. The guidelines give an indication of how much you could be awarded for different kind of injuries at work. The upper and lower limits in these guidelines are determined by the severity of your injury, the extent of your recovery and how long it takes you to recover.
In addition, you may also be awarded what is known as special damages. Special damages are awarded for things such as expenses, loss of earnings and bonus, and medical expenses incurred as a result of your injury. In more severe cases where ongoing support is necessary or lifestyle adjustments are required, the amount of compensation can increase greatly. Moreover, you may also be able to claim loss of income if you are to unable to return to work, and also the cost of care.
Although there is no amount of money in the world is capable of compensating you for the most serious kind of injury, compensation is there to make sure you are never out of pocket. Start your personal injury or accident claims today.