Liability In order for you to have the basis of a claim you must prove that on the balance of probabilities your employer (or someone for whom your employer was responsible) was to blame for your accident at work. Usually this will mean showing that your employer failed to provide you with a safe system of work or safe working environment and failed to take sufficient reasonable steps to prevent your accident. Accident Record You should make sure that your accident has been recorded at work - usually in the accident book - as soon as possible after your accident. If you do not complete the accident report yourself you should ensure that the record of your accident is accurate and complete. Witnesses You should put together a list of all those people who saw your accident take place as it will be necessary to take statements from them in the future. Compensation If you are successful in your injury claim you will usually be able to claim compensation for any pain or suffering you have suffered as a result of your injuries. You may also be able to claim for other losses you may have incurred as a result of your accident such as:- - the cost of medical treatment or medication
- damage to clothing
- loss of earnings
- travel expenses to and from your GP or Hospital for treatment
- care and assistance someone has had to give you because of your injuries
If you have suffered any financial losses as a result of your accident you should keep a record of them. You should also keep any receipts for those losses. Time Limits A person usually only has 3 years from the date of their accident to issue Court Proceedings. Therefore if Court Proceedings are not issued within 3 years of the date of the accident you would usually be unable to pursue your claim further as it would be out of time and statute barred. The Courts can however waive this 3-year time limit if it can be shown that there was a valid reason why you did not pursue the claim sooner. If you have had an accident at work in the past 3 years you should take legal advice immediately to avoid your claim being out of time. If you think your claim may already be out of time you should still seek legal advice immediately to minimize the risk that the Courts would not be willing to waive the time limits and allow your claim to go ahead.
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