There may be some hesitancy shown by employees to pursue their employers for compensation if they’ve suffered an injury on the job. This is understandable, since all of us like to feel we have a good working relationship with our bosses, and none of us would willing to damage that if it can be helped at all.
But actually, there is little reason to fear damaging a good rapport with either your colleagues or superiors by making a personal injury claim, and even less reason to think making one should result in the loss of your job.
There’s a large number of situations that may prompt an employee to make an accident at work claim, though they can depend greatly on the industry sector in question. From a simple slip and fall that leaves an ankle broken, to faulty machinery that causes a limb to be severed, the risks in any workplace are numerous.
Regardless of the type of accident that an employee might have at work, there is no reason to be hesitant in making a claim. In fact, here are three reasons why.
The Law Allows It
The premier reason why making a claim against an employer isn’t to be nervous about is that the law permits and protects the claimant. Once an incident can be proven to have caused injury and was due to the negligence of the employer, the law states that the injured employee is eligible to make a claim.
Of course, it is only natural that the employer will not welcome such a development with open arms, but regardless of whether a claim is successful, the employer isn’t allowed to dismiss the claimant. In fact, he is not permitted to alter the terms of employment, number of working hours or in any way punish an employee for making a claim. That means that once the outcome of a claim is decided, there is absolutely no victimisation permitted, in any way.
The fact is that victimisation very rarely occurs in any case. This is generally because the matter is dealt with between lawyers and insurance representatives, allowing employee and employer time to continue things.
Having said that, claims that are proven to be frivolous can sometimes provide an employer with grounds to dismiss, though it is essential to note that just because a claim is unsuccessful does not mean it was frivolous.
The Insurance Pays, Not Your Boss
The everyday fear, particularly amongst people who work for small companies, is that the result of making a claim would be to seriously damage the financial position of the company. More often than not, the employer is actually very sympathetic and supportive, and often offer to pay for any medical expenses incurred. This is fine, but loss of earnings is a separate matter and a claim is often the best way to put such things right. However, any fear that the company will suffer financially in any significant way is not true.
The fact is that every employer is required to have Employer Liability Insurance, the very function of which is to cover the needs of injured employees who may be seeking compensation for sustaining an injury in the work place. Therefore, an employer is already ready to pay out. The only consequences that an employer will suffer is the expense of putting in place improved safety measures, and an increased insurance premium.
The Boss Is Human Too
If a claimant already has a good relationship with an employer, it is highly probable that there could be agreement between both parties in the first place. A court case would probably not occur and everything can be sorted out very amicably. This is because employers are human too and most will understand completely why a personal injury claim was made.
The only reason why there might be disagreement is usually if the claimant is perceived as being unreasonable in the extent of their claim.
However, if evidence from eye witness and medical reports reports on the accident at work are accurate, then the claimant is entitled to the maximum amount of compensation possible. That’s the main reason, when making any sort of accident at work claim, all of the supporting documentation and evidence needs to be in order.
We Can Help
At Claims Review we know that dealing with legal issues can be stressful enough without having to worry about what your lawyers will be like. Everything we do is designed to take some of that stress away and help you feel at ease. To see if we can help give us a call on 0800 978 8954 or fill in the form below.
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