Injury at work – making a successful claim

Injuries at work happen every day to all sorts of workers. From the more obvious manual labour roles that require a certain amount of heavy lifting, to less obvious office positions that could see injuries manifest from poorly maintained electrical outlets or raised carpeting that presents a tripping hazard. The important thing to remember in any such situation is that you have rights – you have the right to make a claim for any injury that was not your fault.

If you have been affected by a workplace injury that you do not believe was your fault, avoid common mistakes. Now let’s look at how you can bring a successful claim for an injury at work.

Gathering evidence

Lawyers don’t just make it up as they go along. There are set procedures in all walks of law. Upon contacting a law firm about your injury at work, one of the very first issues that is likely to be discussed is evidence. The more evidence that is available, the stronger the initial notification to the other side can be. This means that where you have photographs (or even access to CCTV) of the workspace in which the injury occurred, or eye witness accounts of the injury as it unfolded, the case is made all that much stronger. The legal team may also need to look into any medical records relating to the injury. 

Be patient for a payout

Personal injury claims are not settled overnight. They take time. They take your time, they take your employer’s time, and they take the time of the lawyer. This can lead many people to feel guilty for ‘being in the way’ as their case progresses, and can lead to some people backing down from their claim. One of the ways in which you may feel pressured into ending your claim early is by being offered an out of court settlement (note that the vast majority of cases are settled out of court – you will rarely need to appear before a judge in relation to a personal injury compensation claim – but this does not mean that you should feel that your case is complete upon receiving your first offer). Listen to your lawyer. Where a claim is too low in an attempt to pressure you into thinking that the other side has a completely different valuation of the case and would be willing to go to court to pay out less, listen to your legal team and be ready not to accept the offer.

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