WORK ACCIDENT COMPENSATION CLAIM

The legal duty of an employer is to take reasonable steps to protect the health and safety of employees. An employer is required at law to provide a safe system of work. All employees must receive proper training and supervision. Employers must ensure that machinery and equipment isn’t faulty and that premises are safe, free from clutter and other potential dangers. If your employer does not do so and an accident happens causing personal injury then you will be entitled to make a work accident compensation claim and your employer will be liable to pay damages for injury and loss.

How much compensation do I get?

The compensation component of a claim is also referred to as “quantum” or “damages”. It is generally comprised of two parts: General Damages (or compensation for your pain and suffering and loss of amenity) and Special Damages (or compensation for your loss of earnings and other direct financial losses).

General Damages consist of items that cannot be calculated accurately and require a degree of assessment principal among which is compensation for the pain and suffering of any injury.

The assessment of general damages for pain and suffering and loss of amenity is based broadly on the assessments made by trial judges of previous similar accident claims. Some of the circumstances which will be considered in a work accident compensation claim include :-

• the nature and severity of your personal injury
• whether your symptoms are ongoing
• your age
• your occupation and the extent to which you are able to return to your pre-accident work
• your leisure activities
• loss of enjoyment of life
• loss of life expectancy
• compensation for "handicap on the open labour market”

Special Damages consist of items that can be calculated accurately principal of which is usually wages loss or in cases of catastrophic injury is care.

If as a result of your accident you have had to take time off work to recover or to receive medical treatment, then the likelihood is that there will be a claim for your loss of earnings. If your injury is permanent preventing you from ever working again, then you will be compensated for future income loss which is the earnings that you would have achieved, but for your accident.

Another type of special damage is a gratuitous domestic assistance claim. If your injuries prevent you from undertaking household chores that you were able to do pre-accident, such as gardening, vacuuming, painting, and are no longer able to carry out and instead your family or friends are carrying out these tasks for you, then you will be compensated for their time.

Here are 3 good reasons to choose our lawyers:

1. Our lawyers will provide you with legal advice on your rights and entitlements to compensation with no further obligation.
2. Our solicitors are specialist accredited expert members of the Law Society personal injury panel with extensive experience in negotiating, settling and litigating accident compensation claims.
3. If you decide to instruct any of our specialists to obtain compensation for you, they will act on a “no win no fee” basis. Compensation is paid in full and win or lose there is no charge.¹