Before we answer this question, lets understand first how a work accident claim actually works…
The Pre-Action Protocol for Low Value Personal Injury (Employers’ Liability and Public Liability) Claims governs the process for those making a claim against their employer for personal injury.
The first step is submitting the Claim Notification Form (CNF) where the employer will have to confirm whether they accept liability or not within 30 days of receiving the form. This varies from public liability where the period is 40 days.
In most cases, the insurers deal with the claim and we have very little contact with your actual employer moving forward.
Stage 2 involves the settlement period where proposals can be sent to the other side; usually the insurers. A counter offer or several counter offers could be made, but usually proceedings are resolved at this stage and will not lead to Court.
During Stage 2 an independent medical professional can see you for an appointment and put together a report.
Additional damages like financial losses can also be taken into account in a Schedule of Special Damages, and these losses can be supported by the medical evidence obtained.
It is well known that when a claim is brought against an employer it is the insurance company who will normally pay out. Recent legal changes to create a portal system have made it easier for you to make a claim, and this system deals with cases with a value up to £25,000 (which covers most typical claims).
We can use the Employers Liability Tracing Office (ELTO) to find out who the insurer is for your employer, in case you don’t know. If the Employer cannot be traced then the Claim Notification Form will be used.
Is your job at stake when making an employers liability claim?
Remember your employer has a duty of care towards you and if he/she fails at providing this duty of care then you are entitled to make a claim.
Here are some points to consider…
- Sacking an employee for proceeding with a compensation claim is against the law
- As part of general health and safety it is stated that employees must be protected at work
Essentially as long as you can prove that there has been a violation of your employer’s duty of care in the workplace then you may bring a valid claim without fear of losing employment!
Call us 0800 634 7575 to get your claim started today.