Suffering an injury at work – the dos and don’ts
Have you got a question?
Suffering an injury at work can be a stressful and traumatic experience. Apart from dealing with the pain and recovery, you may also have to take time off work, lose wages, and incur medical expenses.
However, if your injury was caused by the negligence of your employer or a co-worker, you may be entitled to compensation. We at Oracle Solicitors have experts perfectly placed to assist you.
What should you do if you are injured at work?
Here are our simple steps to follow after being injured at work:
Here are our simple steps to follow after being injured at work:
- Report the injury to your employer: Make sure that you do this immediately. You need to report it to a suitable person at the company, and make sure that it is in writing and includes details of how you were injured, any witnesses and the time and date of the injury.
- Seek medical attention: Make sure that you get the injury seen as soon as possible. Even if the injury seems minor. The medical assessment is used when it comes to any claim. The sooner this is done – the better.
- Keep records: You must keep a record of everything. Evidence is key in a compensation claim. Records of medical reports, lost income, expenses as well as medical records and witness statements are essential.
- Contact us: Do not just go see any lawyer, they should have experience in workplace claims. Our legal team help you understand your rights, assess the strength of your case, and guide you through the claims process.
- Make a claim: Once you have gathered all the necessary information, you can make a compensation claim.
- Negotiate a settlement: Your employer or their insurance company may offer you a settlement to resolve your claim. It is important to review any settlement offer carefully and seek advice before accepting it.
- Take legal action: If your employer or their insurance company denies your claim or offers an inadequate settlement, you may need to take legal action. We help you file a claim through the relevant portal or court process.
How does a personal injury lawyer negotiate a settlement agreement?
Our lawyers are trained to negotiate settlement agreements with both insurance companies and other lawyers. Negotiating a settlement is a crucial, as it can often save you time and money compared to going to court.
These are the steps we take to negotiate a settlement agreement:
- Collect and present evidence: The first step in negotiating a settlement agreement is to gather and present evidence that supports your case.
- Calculate damages: We calculate the damages you are entitled to, which may include medical bills, lost wages, and pain and suffering, so to determine the minimum settlement amount you should accept. We also arrange for you to be examined by the relevant medical experts who are able to provide a prognosis on your injuries.
- Negotiate with the other party: The insurance company or defendant may respond with a counteroffer. We then review and present what we think is a fair and reasonable compromise or hold out should we think it appropriate.
- Review and accept or reject the settlement: If a settlement is reached, then we agree the terms of the settlement. If the settlement is acceptable, then you are asked to sign, and the compensation is paid. If the settlement is not acceptable, then we may continue to negotiate or advise you to take the case to court.
Throughout the negotiation process, we keep you informed of all developments and advise you on the best course of action. Should we reach a settlement, we ensure you understand the terms of any settlement agreement before you sign it.
If you cannot reach an agreement, what is the court process?
If the employer is unwilling to accept liability or the settlement amount is not accepted then it could proceed to court. Here are the steps involved in the court process:
- Filing the claim: We lodge a claim with the court and the court decides which track depending on compensation amount and type of claim. Either a letter of claim or a submission through the Ministry of Justice Online Portal is made, depending on the value of the claim. The submission outlines your claim and the specific amount of compensation.
- Witness Statements: Both parties collect all the witness statements from the various parties and share. Much of the evidence may have been collected and shared in the negotiation phrase prior to any formal legal proceedings.
- Disclosure: Both parties exchange evidence for review. Much of the evidence would have been shared during the negotiation phase prior to the court process.
- Trial: If we are unable to reach a settlement with the Defendant once all court directions have been complied with, the final step of your claim is to attend trial to give evidence in front of a judge.
- Judgment: At the end of the trial, the judge decides whether your employer is responsible for your injuries. If you are successful, the court issues a judgment awarding damages.
Will the court expect you to try to negotiate a settlement before the court process?
Yes, in most cases, the court expects both parties to attempt to negotiate a settlement before the filing a claim with the court. The court may also encourage or order the parties to participate in alternative dispute resolution (ADR) methods, such as mediation or arbitration.
If you have not made a genuine effort to negotiate a settlement, the court may view this negatively and may even impose sanctions or penalties.
It is in the best interest of both parties to attempt to negotiate a settlement before going to court.
Do you need advice?
Contact our Personal Injury expert team today to discuss your potential claim on 020 3051 5060 or email us on [email protected].
Book a call back
Share this article
Got a question?
Please complete this form to send an enquiry. Your message will be sent to one member of our team.
Related posts
Whistleblowing and its implementation in the UK, Germany, and Italy
Have you got a question? Enquire Now Our white paper on whistleblowing provides a comprehensive overview of the EU Whistleblowing Directive, its implementation
Landmark Aviation Cases Set New Standards in EU261 Interpretation
Our client is a company listed in Shanghai Stock Exchange, one of the biggest intelligent power distribution solution providers as well as manufacturer of smart meters, transformers, box-type substations, E-Car charger and photovoltaic inverters.
The Call for Regulating AI and Its Implications for Business
While the European Parliament is making significant strides in formulating comprehensive regulations for artificial intelligence through the proposed Artificial Intelligence Act (AI Act), the implications for businesses are becoming increasingly evident.
Suffering an injury at work – the dos and don’ts
Suffering an injury at work can be a stressful and traumatic experience. Apart from dealing with the pain and recovery, you may also have to take time off work, lose wages, and incur medical expenses.
