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Industrial Disease and Personal Injury Compensation Claims – Know the FACTS

Industrial Disease and Personal Injury Compensation Claims – Know the FACTS

This article will briefly outline the key things you should know if you are considering making a personal injury claim for an industrial disease, illness or injury within England or Wales.

F is for First Aid (Medical Assessment)

If you have suffered a personal injury or developed an illness at work ensure first that you receive appropriate first aid at the scene.

Visit your GP or other medical professional as appropriate and report your injury or illness to them. Explain how it occurred, how you work and the work environment. As well as providing appropriate treatment and care, those treating you should be able to give you a diagnosis and/or may refer you for a medical opinion on the cause of your injury or illness, i.e. whether it is related to or caused by your work. They may also offer advice on how to protect yourself from further harm.

If you are off work for more than 1 week due to your injury or illness your GP will also provide a Statement of Fitness for Work (Fit note) formerly a sick note, if required.

A is for Accident Book

Report your injury or illness to your employer as soon as possible. For injuries or accidents at work, make sure you record the incident in the accident book. Reporting your injury or illness to your employer is important as they may be able to take measures to help protect you or prevent future injuries. It also establishes an official record of the incident.

C is for Contact a Solicitor for Advice on your Claim

Contact a specialist solicitor for advice on whether you can make a claim for compensation. It is law that your employer must take reasonable measures to protect you from harm at work, particularly where the dangers are known. If you are injured or develop an illness either through an act or omission by your employer you may be entitled to claim compensation.

Many solicitors will offer free initial advice on whether you can claim. They will be able to advise you on how likely your claim is to succeed and how much compensation you may receive. They will also explain the stages involved in pursuing a claim and what you may need to do next.

T is for Timescales

The Limitation Act 1980, applicable to England and Wales, provides timescales within which action must be taken in relation to accidents or illnesses that cause personal injury. The Act states that personal injury claims must be brought within 3 years of the date on which the incident or accident occurred or at the date of first knowledge or diagnosis of an illness.

However, if the claimant is under 18 years of age, they will have until 3 years following their 18th birthday to make a claim, i.e. until the day before their 21st birthday.

In essence, the earlier you act the better. Claims that are within a few months of the date of expiry are less likely to be accepted by a solicitor because of the time needed to prepare a case.

All claims are different and the time taken to process the claim depends on many factors including the type of illness or injury, how serious it is and the actions of the opponent/Defendant who may or may not mount a defence against the claim. A straight forward case may take a matter of months. However, in more serious and complex claims (particularly claims involving industrial diseases) this time scale may extend to several years.

S is for Specialist Solicitor = Success

By using a specialist personal injury solicitor you will have a better chance of success with your claim. An expert in the field specific to your type of injury will ensure that you have the support, knowledge and experience required so that you receive the maximum compensation you deserve as quickly as possible.

If you are thinking of making a Personal Injury Claim for Compensation then you need to know the F.A.C.T.S!

F is for First Aid – Get first aid and medical assessment of your illness or injury.

A is for Accident Book – Report your illness or injury to your employer as soon as possible.

C is for Contact – contact a specialist personal injury solicitor for advice on whether you can make a claim for compensation.

T is for Timescale – You must act within 3 years of the date of knowledge of the illness or injury.

S is for Specialist Solicitor = Success – Use a specialist solicitor for your maximum chance of success.