Accident At Work Claims

Everything you need to know about compensation

Did you suffer a work-related injury due to someone else’s negligence? Did it result in financial loss? You may be eligible for compensation. Complete our form for a free assessment to see if you qualify for No Win, No Fee funding with GSR Solicitors.

Request a callback

How much compensation can I expect to receive?

The most common question asked to personal injury solicitors is about the estimated compensation for their claim.

It is common to see TV shows and films, especially in America, where a person’s injuries can lead to a six-figure settlement offer. Solicitors have to remind clients that in America, where there is no national health service, the cost of medical care and expenses are paid privately by the injured person. It is uncommon in America to be able to recover legal fees from the other party, so a large percentage of the compensation is used to pay for legal fees which can range from 40% to 60%.

In England and Wales, you are entitled to compensation for your injury as well as financial losses, such as loss of earnings, cost of care and assistance, and damage to personal belongings.

So how do you work out how much compensation I will get for my injury?

Valuing an injury is not science and is more like an art form. The court must take in a wide range of factors, including:-

  • impact on daily life
  • social and domestic activities
  • medical treatment required
  • length of suffering
  • long term complications

Judges must carefully consider the evidence presented by both parties and weigh arguments for assigning a specific value to an injury. They are assisted by being able to read a book called “The Judicial College Guidelines for the Assessment of General Damages in Personal Injury Cases.”

This book covers a wide range of injuries, and the compensation amount for each injury depends on several factors. A bracket is usually given to represent the value of the injury. For instance, if a neck injury heals completely between 3 to 12 months, the compensation amount usually ranges between £2,990 and £5,310. A neck injury that takes 1 to 2 years will usually be awarded a figure between £5,310 to £9,630. A 2 to 5-year neck injury will be between £9,630 to £16,770. Naturally, symptoms that are permanent and cause significant pain and restrictions may be awarded more.

Personal injury lawyers may refer to previously decided cases by judges to determine the value of an injury. However, courts tend to avoid looking at such cases and rely on specific guidelines instead.

To determine the value of an injury, personal injury solicitors gather independent medical reports that detail how the accident occurred, the treatment that has been administered, and any long-term problems if a resolution is not in sight.

Your solicitor will help you prepare a witness statement that allows you to explain how the injury has affected you, including the pain and restrictions you’ve suffered. Additionally, there may be other types of evidence that we, at GSR Solicitors, can obtain to help increase the value of your claim.

Download our care and assistance guide

Did you know that if someone has had to care for you following an accident, you can look to recover the time and cost of care?

Care and assistance guide and diary download cover

Can I claim my loss of earnings?

If you are unable to work and earn money as a result of an accident, you may be eligible to claim for loss of earnings.

It is easy to identify and prove loss of earnings for those with a regular salary. Those who depend on overtime may need to demonstrate a regular pattern of earning overtime that may have been missed out as a result of the accident.

If you are receiving statutory sick pay, it may not be enough to cover all your bills and expenses. However, if the defendant has admitted liability, GSR Solicitors can help you get an interim payment to support you financially.

You may even have a loss of pension or are required to retire early on medical grounds. Your injury may be so significant that you will never be able to work again.

What happens if you are self-employed and do not get a regular income? You may still have a claim if you can prove that you have suffered a loss of profit as a result of the accident.

Whilst a loss of earnings claim may sound very straightforward, it can be quite complex and you will need assistance in proving that loss.

Can my partner claim for the time they have spent helping me?

The law allows you to claim sums of money on behalf of a friend or family member who has provided you with care and assistance, even if you have not paid them out of your own pocket, as long as you do so on trust.

Care claims can be quite substantial; they can even include professional care assistance when the injuries are so severe that it warrants continuous care to be given to you.

Claims are usually based on the basic nursing agency rate with a slight reduction for the fact that it is not professional care. However, the most difficult obstacle is both quantifying and proving the care given.

Speak to a solicitor to find out how much you could be owed

What about the cost of travel?

I understand that you might have to spend money on travel when going to the hospital or attending treatment sessions. You can claim the entire amount if there were no cheaper options that could have been reasonably used. For instance, if you have a broken ankle and are using crutches, taking a bus might not be practical.

As long as the travel is related to treatment and not part of the claim (such as attending a medical examination for the claim or visiting your solicitors), you should be able to recover the cost.

Medication & treatment

It is expected of you to take all possible measures to enhance the recovery time and overall recuperation. In case therapy is needed but the NHS waiting list is lengthy or deficient, GSR Solicitors will arrange for a private therapist or work with the Defendant’s insurer to procure therapy through one of their own providers.

Depending on the severity of your injury, you may require medication. While over-the-counter options can be relatively inexpensive, prescription costs can add up. However, you can claim these expenses from the Defendant.

Is there a limit to what I can claim?

When making an insurance claim for damages caused by an accident, it is important to only claim for what you reasonably needed due to the accident. Sometimes, personal property such as clothing may also be damaged during the accident. However, it is not possible to claim for a brand new replacement of an item, such as a pair of jeans, just because they were cut off during emergency medical treatment. It maybe that those jeans were five years old and had depreciated over those years, or it could be brand new jeans.

At GSR Solicitors, we handle financial loss claims in personal injury cases where the loss is reasonably required and as a result of the accident.

Client reviews

Icon - Focused on your case

Focused on your case

We limit case numbers our solicitors work on to give your claim full attention.

Icon - Expert team

Experts in personal injury

All of our team are highly trained in our core area with years of combined experience.

Icon - No win no fee

No Win No Fee solicitors

‘The solicitors who care.’ It’s more than just a tagline to us. Your success is important to us.

How Much Could You Be Owed?

GSR Solicitors are qualified to assist you with any type of injury you may have suffered. Contact us to find out more.