Showing posts with label Damages. Show all posts
Showing posts with label Damages. Show all posts

Tuesday, November 26, 2013

Over Fifty and Had an Accident at Work?

If you're over fifty and you've recently had an accident at work there are several people you should think about talking to in order to see if you are entitled to any compensation for your accident.

Accidents come in all shapes and sizes in the workplace, and unfortunately when making any individual case, regardless of your age, what you may or may not receive in the form of compensation is never a cut and dry issue. There are a vast number of points to be considered first – all of which can make your claim drag out for much longer than you would have originally considered it could. With that said, if you win your case the time spent on it will invariably be worth it, so if you believe your accident entitles you to financial aid, you should get in touch with a solicitor today to get the ball rolling.

When you get in touch with a solicitor they will ask you a number of questions about the event in question to try to find out who was to blame for the accident, and, if your employer, what your chances are of winning your case against them. The specifics that will need to be uncovered from these questions are:

If Your Employer is Negligible


This is the most critical part of your entire claim. If your employer admits they were liable from the very beginning then the whole process will be significantly easier for all involved, but if they don't, you're going to have to be able to prove employer negligence in order to have any chance of winning your case.

In the vast majority of cases, especially when it comes to employees over fifty, employers will admit negligence right away if they see this to be the case. Though they, of course, won't look forward to the prospect of handing out compensation, they will see that the fault is on their side and they'll have to work harder in the future to ensure it doesn't happen again.

Even if certain employers don't admit their negligence right away, often their legal team will put them straight on your behalf, pointing out the consequences of not giving into the claim quietly.

What the Extent of Your Injuries Are


It need to be remembered that your age should not be a factor in favour of your employee in this situation.

Simply put, they can't argue that because you're over fifty your injuries were greater than they would have been if you were in your twenties; as you have a legal right to work the position you were employed in, and they had legally hired you in that role (assuming that all to be the case).

When getting in touch with a solicitor for the first time they will send you to a medical expert both to get an accurate assessment of the injuries causes by your accident, as well as arrange for any treatment necessary if you're not currently receiving it. Once this is complete, your work accident solicitors will send these findings to your employer as evidence to your claim, asking them to respond in a certain time period. Once they have responded, either accepting or denying liability, you and your solicitor can move onto the third and final stage.

The Level of Compensation You Ask For


The level of compensation you ask for will depend entirely on whether or not your employer has accepted liability for your workplace claim or not. If they have, there's a good chance they have given you a compensation figure they will be willing to pay you for the matter to go no further. You can either accept or deny this figure. If they've yet to give you an offer you can make the first move, working with your lawyer to come up with a compensation amount that's fair based on your injuries.

Once a figure has been agreed upon, you will be able to use the compensation to help pay for any special hospital bills that have come up along the way, as well as to compensate yourself for the time you've had to spend off work.

In conclusion, if you're over fifty and you've recently had an accident at work there are several people you should think about talking to in order to see if you are entitled to any compensation for your accident.

About the Author:
Russell Worth Solicitors is one of UK's leading personal injury claim legal firm. Their work accident solicitors are members of the prestigious Law Societies Personal Injury Panel and the Association of Personal Injury Lawyers.

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