Naturally, people who are thinking of claiming for a personal injury at work against their employer will be worried if their job is at stake. For a better understanding of the impact from an accident claim that can have on you, it is important to know what the claiming process entails.
“Did you know that the insurers, not your employers pay your compensation?”
Upon making a personal injury claim against your employer you trigger the Pre-Action Protocol for Low Value Personal Injury Claims which oversees the process involved. This is directly linked to the Employers’ Liability and Public Liability sector.
Part of the initial stages is to submit a Claim Notification Form (CNF) which gives the defendant the opportunity to confirm liability within 30 days of getting the CNF form. A further ten days is given where the case is of a public liability type.
A lot of the times, the insurers or their agents will handle the claim and would liaise with your employer henceforth.
The next part of the process is the period to agree on a settlement figure. A proposal is usually sent to the insurers and may lead to one or more counter offers. Most claims are normally resolved at this stage and do not proceed to court which can delay when you receive your compensation. It may be that you are required to attend a medical with an independent professional who will produce a medical report to support your claim.
A Schedule of Special Damages is constructed which takes into account of additional damages which you can be reimbursed for and include financial losses as well as other expenses.
Where a claim is awarded against the employer it is typically the insurers who pay out. It is now even easier for claimants to make a claim through a portal system created from recent amendments. The portal is designed to manage most common cases with a maximum threshold of £25k.
Sometimes, it is possible that you are not able to locate the insurance details of your employer. We can help by using tracing services intended to find out who the insurer is for your employer at the time of injury. Our main source of tracing is Employers Liability Tracing Office (ELTO) which is an independent body to help in such locating issues. Even if you do not know who your employer was at the time of injury, then contact us as we may be able to help.
If employers have a duty of care to their employees, then as an employee, you have a right to claim against them where they have failed to uphold their responsibility.
To answer the question whether your job is safe after an injury claim consider the following:
“It is illegal to dismiss an employee for ensuing with a compensation claim.”
At the end of the day, it is expected that employees are to work safely and be protected under the health and safety rules. Thus, it is your right to claim without having to lose your job if your employer at work was at fault for disregarding their duty of care.Send Your Claim Details To Be Assessed By Solicitors
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