Accidents at Work – How We Help
At Jackson Boyd we have extensive experience helping people across Scotland who have suffered injuries as a result of negligence by their employers. Thanks to our proven expertise in this area of law we are in a strong position to help you obtain the compensation you are entitled to, whatever the nature of your workplace injury or accident.
Workplace injuries can take many forms – from minor sprains caused by slips or trips to life-changing injuries caused by falls, faulty machinery, the negligence of co-workers or exposure to chemicals.
In addition to the above, we also have particular expertise in dealing with claims arising from assaults in the workplace. Employers have a duty of care to implement policies and procedures to ensure the safety of their employees at work, both from fellow employees, service users and others that they may come in to contact with during the course of their employment.
The law in this area covers injuries received in the place of work, or while carrying out work activities elsewhere.
We have answered some of our clients most frequently asked questions below, however, if you would like advice on whether you can make a claim for an accident at work, or while you were carrying out your job, get in touch with Jackson Boyd today. We work across all sectors – from retail and administration through to farming and construction and deal with accidents in all workplaces including hospitals and care homes; prisons and residential care facilities, shops, offices and warehouses; schools and ships and oil rigs. We offer a free consultation service and operate on a no-win, no-fee basis.
Your Questions Answered
Can I make a claim for my workplace accident?
It is important to remember that, whatever sector you work in, your employer has a duty to take care of your safety at work, to provide relevant safety training and protective equipment, to undertake risk assessments and to comply with all relevant health and safety legislation.
If your employer has breached this duty, then you may be eligible for compensation for any injury you have suffered, even if you have not received any medical treatment for the injury. As specialist injury lawyers, Jackson Boyd will be able to advise you if this is the case.
What level of compensation might I receive for my workplace accident?
It is impossible to answer this question at the outset of a claim, as it is dependent on so many inter-linked factors, including the severity of your injuries (and whether they have long-lasting impacts) and the nature of the financial losses you have suffered (including lost earnings, lost pension entitlement and medical costs – both past and future).
Once we have made an initial assessment of your case, we will be able to give you a rough indication of what we would expect to achieve. See our article, ‘More Than Just Personal Injury’ which provides full details on the losses you can claim for.
What should I do if I’ve had an accident at work?
It is important to gather as much information as possible. In the first instance take photos of the place where the injury occurred, get the details of any witnesses and make a written report of the accident. If you haven’t already so you should report the accident to your employer and ask that they compete a written accident report.
If you ask us to take up your case, we will gather additional evidence from a variety of sources, including the doctors who have treated you and your workplace health & safety reports.
Will I need to go for a medical examination?
Yes. If you ask us to take up your case, we will arrange a consultation with an independent medical expert (even if you are no longer experiencing any symptoms from the injury), who will examine you and provide us with a medical report which will form the basis of our valuation of your injuries.
Can I be sacked if I make a claim?
No. If you are sacked because you have made a personal injury claim against your employer, or your feel you have to resign because your claim has made your work life unbearable, then you should be able to claim for unfair dismissal. If you encounter problems with your employer because you are making a claim for personal injury our employment team will be there to support you.
Will my claim hurt my company or workmates?
All employees are legally obliged to have employers’ liability insurance to cover any personal injury claims made against them, so your claim should not materially affect the finances of your employer, or jeopardise your workmates’ jobs.
Does it matter if I’m full-time, part-time or a freelancer?
Your employment status does not have any bearing on whether you can make a claim for an injury sustained in a place of work. If the company has been negligent in carrying out it’s duties, then you should have a right to compensation.
What happens when I make a claim for an injury at work?
The journey of a personal injury claim can appear complex and daunting, but Jackson Boyd will be with you every step of the way. Call us and our First Response team will talk with you and assess how best to deal with your case. We will then collect all the evidence and medical details we need to put together your case and value your claim. We are here to take the weight off your shoulders in pursuing any personal injury claim.
Once we have obtained all of the relevant evidence we will then seek a settlement offer. In a very small number of cases it may be necessary to go to court, where we will represent and support you. For full details see our article on The Journey of Your Personal Injury Claim.
How long will it take?
In an ideal world, your claim for a workplace injury would be resolved within weeks but, unfortunately, the reality is the length of time it takes for claims to conclude can range from months to years. The timings will depend on the complexity of the case and the severity of your injuries. Particularly in cases where injuries are serious, it is important to take the time to collect all necessary information and to establish the true value of the claim.
What will it cost?
For all personal injury work, we provide a no-win, no-fee service, which is exactly as it says – if your claim is successful our fee is 20% plus VAT of your settlement figure; however, if your claim is not successful we do not charge a fee.
Will I have to go to court?
In most cases, accident at work personal injury claims can be settled without the need to go to court. However, there are a number of circumstances in which claims do proceed to court. These include when liability for the accident or the cause of the injuries are being disputed or if the third party does not make an acceptable compensation offer. Even where a court action has to be raised around 95% of such cases settle without a court hearing. If you have to go to court we will represent you and provide you with all the support and advice you will need.
What is the time limit for bringing a claim for an accident at work?
The normal time limit for bringing a claim for an injury at work is three years after the time you sustained the injury or became aware that you had been injured. In some circumstances, this time limit may be extended.
Why Jackson Boyd?
As specialist injury lawyers, we have in-depth experience and knowledge of all aspects of the law relating to personal injury claims that result from injuries sustained at work. Unlike most ‘general’ law firms, we have the expertise to know whether it is worth pursuing a claim and exactly what information needs to be gathered. We also know how best to value a claim and how to gain fair and just compensation for our clients.
Our expertise in this field is shown by the fact that we are recognised in the Legal 500 rankings and that we have an excellent score in Trust Pilot.
At Jackson Boyd, we also know that rehabilitation is a crucial part of your personal injury claim. We are able to arrange your rehabilitation treatment with our own treatment providers, meaning that you can be seen immediately. You can find out more about rehabilitation in your personal injury claim here.
