Workplace Matters: Accident Claims
June 28, 2009 – 6:34 am
Accidents in the workplace are normal, however numerous employees fear claiming a fair compensation against their employer simply due to the fact that so many people accept the fact that no job is worse than a bad job. They might lose their job or ruin the employer-employee relation that existed between them prior to the accident.
If you quietly decided to do that at the beginning, i.e. conceal an accident, there are still a few things you ought to remember. In the first place you can build your claim in the period of 3 years of the incident at your workplace. If you are a minor, this would not be feasible, since in this case, your parents decide whether to claim or not.
A clean exception to the three years rule is in case you failed to realize that indeed you were ill at the time of the accident. A usual example of this is employees who were exposed to asbestos and only realized the harm to their health years after they left the organization.
Consequently, if you are thriving to claim compensation from your boss or former boss, you ought to be sure that you do it in an appropriate time. Don’t wait even if you can claim within three years, since you also have to gather evidence.
It would be essential to gather photographs of the workplace where the accident happened as this may also be the cause of the accident. Your colleagues, who could also have suffered an accident, are also an important source of information.
Furthermore, if you are planning to claim against the employer you may claim for any possible loss of earnings that you have incurred. It includes earning lost due to a family member having to care for you or periods where you couldn’t work as well.
Remember to retain a record of the losses you have suffered as employee, of the injuries and illnesses, as this may help you claiming your rights. Take notes of the losses in a journal, and keep it updated. Also gather all the information you can about why the accident happened.
Always keep in mind that you’ll need a lawyer. Be cautious about whom you choose. There are many lawyers that might tempt you to embark in a no win situation. Choose a no fee lawyers, who will only be paid if he wins the case. Lawyers in this situation are very motivated and only take cases they believe they can win.