Will Making an Accident at Work Claim Affect My Job?

In most personal injury cases, you normally have three years to start court proceedings. 

This usually runs from the date of the accident, although different rules can apply in some circumstances.

It is worth getting advice well before that deadline where possible. Evidence can become harder to obtain over time, and a serious injury claim may require medical and financial information to understand the full effect of what has happened.

Our Personal Injury Team can look at when the accident happened and identify whether the accident at work claim time limit needs particular attention.

Possibly. Being partly responsible for what happened does not necessarily prevent an accident at work claim.

Where responsibility is shared, this is known as contributory negligence. 

Any compensation may be reduced to reflect the proportion of responsibility attributed to you.

Rather than assuming one mistake means you cannot claim, we can look at how the accident happened, the safety measures in place and what each party may have contributed.

The absence of an accident book entry does not necessarily prevent you from making a workplace injury claim.

An accident record can be useful evidence, but other information may help establish what happened, including medical records, photographs, CCTV and witness evidence.

If your accident was not recorded, we can look at what other evidence may be available rather than assuming the opportunity to claim has been lost.

Yes, a lack of witnesses does not automatically prevent a personal injury claim.

Many accidents happen when someone is working alone or when nobody sees the exact moment the injury occurs. 

Other evidence may include CCTV, photographs, medical records, accident reports and workplace documents.

We can assess what evidence exists and what else may need to be obtained to investigate how the accident happened.

There is no fixed timescale for an accident at work claim.

How long it takes can depend on the seriousness of the injury, whether responsibility is accepted, what medical evidence is required and whether the longer-term effect of the injury is known.

Serious injury claims can take longer because settling too early may mean the future consequences have not yet been properly assessed. 

We can explain what needs to happen in your claim and keep you informed as the medical, financial and liability evidence develops.

Many personal injury claims are resolved without a final court hearing.

A claim may need court involvement where responsibility cannot be agreed or there is a significant dispute about the amount of compensation. 

Even where court proceedings are started, that does not necessarily mean the case will reach a trial.

If proceedings become necessary, we will explain why, what happens next and what you would need to do.

Medical evidence is normally an important part of a personal injury claim because it helps establish the injuries caused by the accident, your recovery and any continuing effects.

This can involve an examination by an independent medical expert, who then prepares a report for the claim.

For a serious injury, more than one type of medical evidence may be needed. 

We can arrange the appropriate evidence and explain why each assessment is relevant before the claim is valued.

Having an existing health condition does not necessarily prevent you from claiming compensation.

If a workplace accident made a pre-existing condition worse, the important question is what additional harm or deterioration was caused by the accident. 

Medical evidence may be needed to separate the effects of the existing condition from the consequences of the workplace injury.

Our Personal Injury Team can look at your medical history alongside what changed after the accident so the claim reflects the injury that can properly be attributed to what happened at work.

A settlement agreement may include or repeat post-employment restrictions such as non-compete or non-solicitation clauses.

These restrictive covenants can affect what you are able to do after leaving your job, depending on the wording and your circumstances.

If you are moving to another employer, starting a business or working in the same industry, we can review the restrictions and explain how they may affect your next step.