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Know your Pink Law 7: Claiming compensation
Russell Jones and Walker offer legal advice to Pride Life
A leading law firm takes a look at your rights to compensation
I was injured in an accident at work and have had to have medical treatment and time off work for a broken leg and fractured ribs. Can I make a claim? Will I get into trouble with my employer?
You may be able to make a claim if your accident was as a result of a negligent action on the part of your employer.
Heath and Safety at work is taken very seriously in the UK and your employer has a legal responsibility to ensure all staff are properly trained, have the correct equipment or protective clothing, and are able to go about their job safely.
If they failed in any aspect of this care then you may well be able to bring a claim for compensation.
It is illegal for your employer to sack you if you bring a claim against them. They are required by law to have insurance to cover accidents at work so it is most likely you will be dealing with the insurance company rather than your employer.
Also it may be that bringing a claim highlights areas where your employer can improve their Health and Safety procedures, meaning a safer working environment for you and your colleagues.
What will I get compensated for?
The amount awarded depends on a variety of factors – the seriousness of the injury, the impact it has had on your life and any losses or expenses that you have incurred as a result of the accident.
I was knocked off my bike by a left turning lorry four years ago and am still suffering the effects – can I bring a claim now?
Unfortunately you need to bring a claim within three years of when you were injured. It is very rare that a case can be brought after this time limit, although there are some circumstances when it is possible so you may wish to speak to a lawyer about the specifics of your case.
I was the victim of a violent crime – can I claim compensation for my injuries?
It is possible for people who have been injured as a result of a criminal act to claim compensation from the Criminal Injuries Compensation Authority (CICA). It is a prerequisite that the assault was reported promptly to the police. Depending on the circumstances of the crime you may not need a lawyer to claim compensation, you can claim directly with CICA.
Russell Jones & Walker is a leading national firm of solicitors that has been upholding the legal rights of individuals for more than eighty years.
As partners of Stonewall, and through their work with the Terrence Higgins Trust, they are acutely aware of the specific legal issues faced by the gay community.
You can visit the Russell Jones & Walker website here
If you have any legal questions you would like answering then email Editor@pridelife,co.uk
