Many of you reading this will probably have a general idea as to what a claim for compensation entails. But do any of you really know what it is? I mean, what it really is?
The old stereotype of the man falling off the incorrectly provided ladders, or the lady slipping on the wet floor where no signs had been placed, is just microscopic view of the claiming world. There are so many ways you can end up injured, and end up having a valid claim.
So – to answer the question, I suppose it’s best to ask another question:
What’s the difference between a claim for compensation and a genuine accident?
A claim for compensation is born when you are injured in an accident through no fault of your own, but through the fault of another person or company. If no one was responsible for your accident your and injuries, than you do not have a claim.
For example –a claim for compensation:
- You fall down a manhole because the cover had been removed by builders, and they failed to secure it back on properly. The builders are at fault as they failed to secure the lid back on properly. An obvious and foreseeable hazard!
- A driver rear ends your car in traffic. They should have slowed down in time – you got a claim!
- Your employer fails to train you in the use of the brand new industrial sized packaging equipment they have recently installed in the factory – how where you to know that moving a piece of caught material would burn your hand? You couldn’t have known – your employers are at fault.
A genuine, and unfortunate, accident:
- The wind blows you over and you break your arm on the pavement – you can’t sue the wind… or God… sorry!
- You trip over in a supermarket – nothing wrong with the floor, you just tripped. It sometimes happens. But no one is at fault (not even you). So it’s unlucky really.
- A fox runs out in front of your car and you hit the kerb whilst trying to dodge the poor thing. You can’t sue the fox – it’s an unfortunate accident.
So, to reiterate the gist of it again – if the accident was someone else’s fault, or another companies fault, you can make a claim for compensation against them.
So – now you know the difference, what IS a claim?
At the end of the day, the person or company that has caused your injuries didn’t mean to hurt you (at least I hope they didn’t!). But, unfortunately, their negligence has caused you injury. They should, and could, have done something, or something more to prevent you from having an accident. The accident was completely foreseeable and should never have happened – i.e. if the proper care was taken, the accident would have easily have been avoided.
When you claim for compensation, you seek a monetary payment from those at fault – normally by their insurers or claims handlers – to fairly award you a monetary sum to make up for the fact that you have had to suffer an injury through their negligence. You can then also claim any losses you have incurred – i.e. any money you have lost out on that directly results from the accident and your injuries.
That’s what a claim for compensation is – A monetary award to make up for your physical, mental, and financial suffering caused by someone else’s failure to look after you properly. It’s a recognised and fair way to help victims of accidents, and to, in many ways, apologise for the injuries by way of a monetary award.
Nowadays, it’s a perfectly natural process to make a claim. Insurance exists to claim from (hence why it’s compulsory for vehicle users and employers) – so, don’t be afraid to claim from it!
Think you might have a claim for compensation? Give us a call, and we’ll let you know!
