have had a trip, slip, fall.
Or an accident at work or outside, then you are legally entitled to
file for an accident compensation claim.
Understandably, if the accident occurs at work, some employees feel
uncomfortable reporting against their employer.
However, any industrial injury compensation that you may recieve, once
you have taken action, will not be paid directly from your employer.
If you feel that you do not wish to make a claim, then consider
reporting the incident to your local Health and Safety Officer.
This may reduce the chances of a similar incident re-occurring. There
are different types of claims that can be made.
There are 'General Damages'. This is the legal term used for the
compensation that is paid for physical injuries, pain, suffering and
loss of amenity.
General damages, are difficult to assess as the cost value has to be
placed on the suffering and pain an individual goes through.
Loss of earnings and a change of lifestyle due to an injury are all
factors.
Therefore, the levels of a general damages claim differ as each case
takes into consideration the variables.
Additional to the investigation, a medical expert may need to produce
a written report on your injury, this is used as evidence, in turn
assessing the value of your injury claim.
The courts decide the level of seriousness that the injury has caused,
and uses other previous similar cases as a guideline for valuing
compenstaion awards.
Another type of claim is 'Special Damages'. This is the claim
compensation for the financial loss due to an accident.
It is common that documentation is provided to use as evidence. For
example, the claim of loss of earnings past and future, need to be
supported by payslips and/or a P45 or P60 pre and post accident.
The claim of travel expenses to the hospital or doctors by car need
mileage, dates and purpose of each journey.
Or by bus/train the purpose of the journey and ticket is required.
There may be other things that you can claim for.
The best method to support your case, is to keep a record of all
receipts and documents from the very beginning.
Slipping and tripping are a very common accidents. These may occur on
a wet floor in a gymnasium or a supermarket.
For example boxes lying around.Pleasurable walks may be ruined by
uneven drains or pavements.
It is therefore possible to file a claim against the party or person.
However, if the trip or slip occured on a public path, footway or
road, the matter needs to be dealt with by the Local Highway
Authority.
Claims against this organisation are common, the actual claims are
difficult to pursue.
This is because the government acknowlegdes that there are
insufficient resourses to maintain the highways.
This supplies the authorities with a defence to personal claims,
because if they display steps to maintain their roads such as
inspections and repairs it is hard to prove otherwise.
The courts have supplied a general rule. If the ground is raised or
unlevelled by less than 1 [1] inch in height or depth, then this is
considered not dangerous
However, this is only a rough estimate, so claims that are produced
due to small defects do not have to be ignored.
There are also claims available for children, for example faulty
playground equipment.
The normal time period to make a claim is within three years, but this
differs with children.
If a child is 18years old or less when the injury happens, then the
adult may construct a claim against the other party until the child is
21.
This is due to the courts reasoning that children under 18years old
are not mentally sound to bring a case alone.
Whatever accident has happened,attention needs to be brought to it. It
is paramount that you do not suffer alone.
That you are provided with the best service to help you with your
claim.
Olive is an author of several articles pertaining to No Win No Fee,
Compensation Claims, Accident Claims, Personal Injury Claims and other
legal articles.
Links:
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[1] http://caraccidentsus.info/tag/1999/
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