If you were injured in the workplace and you would like to file an accident at work claim against your employer who could be deemed liable for the injury you sustained, the length of time that it would take to receive a final settlement would depend on several things. Should your case be complex, it could take longer than if your claim is more straightforward.
To find out more on how long an accident at work claim takes to settle, and how you can help speed up the process, please read on.
- The Main Factors That Determine How Long an Accident at Work Claim Would Take to Settle
- Are There Different Types of Settlements?
- Is There a Fast Way to Find Out the Time It Would Take to Receive a Settlement?
- Would Legal Representation Help Speed Up the Process?
- Having Sufficient Evidence at the Outset Would Help Speed up an Accident at Work Claim?
- What Can I Include in an Accident at Work Claim in General and Special Damages?
- Would a No Win No Fee Solicitor Represent Me?
- Informative Links
When it comes to work-related personal injury claims and the time it would take to reach a final settlement, this could depend on several things which includes the following:
- Whether you can provide a personal injury solicitor with all the relevant evidence and other documents required to support your case at the outset of filing a claim against an employer. If you are unable to do this at the outset, it would depend on how quickly all the relevant information can be obtained
- How quickly a personal injury lawyer responds to instructions you give them
- Whether your case begins through a Public Liability Portal, Industrial Disease Portal and whether your personal injury claim must be accompanied by what is known as a “letter of claim”
- How quickly an employer responds to correspondence
- How quickly an employer’s liability insurer responds to correspondence
- Whether the employer offers “full disclosure” in a timely manner and if a “pre-action” disclosure is necessary
- How quickly a medical expert can produce a report detailing the workplace injuries you suffered
- How quickly you are able to recover from the workplace injuries you sustained
- How many medical reports are required
- Whether liability is admitted by an employer/liability insurers
- Whether you are incapacitated or a minor
- Whether contributory negligence is a factor
- Whether liability is admitted and an insurer offers an out of court settlement
- How quickly an insurer begins court proceedings
- Whether additional time is requested by an employer’s legal team
- How quickly a court hears your case
- Whether you would need to employ the services of a barrister
- A judge’s decision regarding timetable and directions
- Whether further developments come to light during a claim
With so many factors to take into consideration, it means that setting a definitive time as to how long it may take for a claim to be settled, can be extremely challenging. However, as previously mentioned a straightforward claim would be settled faster than a case that is more complex.
It is also worth noting that the majority of personal injury cases never go to court with most liability insurers preferring to settle a case beforehand. Should an insurer offer an acceptable amount of accident at work compensation in an out of court settlement and under the recommendation of your solicitor, you accept the offer, the case could be settled in anything between 14 to 28 days from the time an offer was accepted.
What is the average time for a accident at work claim to settle?
Each case can be different to find out a estimated time contact the live chat and get free advice from accident at work lawyers.
Most personal injury claims get settled before they reach the courts because insurers prefer to offer out of court settlements to avoid having to pay all court costs should they lose a case that goes before a judge. A solicitor who acts on your behalf would work hard for a settlement to be paid to you within 5 to 14 days once it has been accepted. If the settlement is not received, your solicitor would then recommend whether you should start court proceedings against your employer to “enforce” the payment.
Should your personal injury claim go before a judge, they would typically decree that you receive the compensation you are awarded within 21 days of having an “order” made against an employer. Should there be any delay in receiving the settlement, a personal injury solicitor would then recommend taking an employer to court to enforce the payment that is overdue. If your claim goes through a foreign insurance provider, and you are awarded compensation, it may take several weeks for the money to be received.
In some instances, it may be possible for you to receive what is known as a “pre-med” offer in less that 30 days but it typically takes anything from 8 to 12 months for a settlement to be reached that is acceptable, bearing in mind that many factors would have a bearing on how long an accident at work claim would take to settle. The fastest way to reach an earlier settlement is to contact a solicitor at www.accidentclaims.co.uk as soon as possible so they can assess your case, and begin their investigations without any undue delay.
As with the majority of personal injury case, filing a work-related injury claim can be a complex legal process. There are specific pre-action protocols that have to be respected and a personal injury lawyer is well aware of these which can help reduce the risk of any unnecessary delays in both filing your claim and reaching a final settlement. To help speed up the process, you can gather as much evidence as possible and hand this to the solicitor who acts on your behalf. The more evidence you can provide at the outset, the faster an acceptable and fair settlement may be reached.
A personal injury solicitor has the necessary expertise to handle all aspects of your case against an employer who who may be responsible for any workplace injuries you sustained. Having legal representation from the outset means that you avoid the many legal pitfalls that you may of, otherwise encountered and which could have ended your claim for compensation before it even began. A personal injury solicitor would offer you No Win No Fee terms when acting on your behalf if they are satisfied that you have a strong case against a negligent employer.
As previously touched upon, the more evidence and relevant information regarding a workplace injury you sustained through employer negligence, you can provide at the outset of filing a claim, the faster a final settlement may be reached. The sort of evidence you would need to provide the lawyer who represents you would include the following:
- Medical reports of the injuries you suffered in the workplace
- That the incident occurred in the last three years through no fault of your own. If you think you may be partly responsible, you should still contact a solicitor because your employer may also be held partly liable – this is known as “contributory negligence”
- Witness statements and their contact details
- Photos of CCTV footage (if available) of where the workplace accident occurred
- Photos of the workplace injuries you suffered
- Any records of similar workplace accidents that occurred in the past
- The report of the incident as recorded in the Accident Book if there is on
The more proof of employer negligence you can provide as soon as possible when filing a personal injury claim, the faster a settlement may be reached.
When seeking compensation from an employer who could be held in breach of their duty to keep you safe from injury and harm in the workplace, you can claim both general damages and special damages. General damages are awarded to compensate you for any loss of amenity, suffering and pain you endured as a direct consequence of having been injured in the workplace.
Special damages are awarded to compensate you for your “out of pocket” expenses incurred as a direct result of having been involved in an accident at work that left you suffering from an injury. You would be entitled to include the following in your claim for special damages:
- Medical expenses – this covers all the costs for any medical items you require which are not covered by the NHS
- Travel expenses – this covers the money you paid out travelling to and from the place where you were treated for the injuries you sustained in the workplace
- Care costs – if your injuries prevent you from carrying out daily chores around the home and you therefore require home care
- All other costs and expenses you incurred that can be directly linked to the workplace injuries you sustained
Providing a personal injury lawyer is satisfied that you have sufficient evidence to prove that you suffered an injury in an accident at work through their negligence, and that the incident occurred in the last 3 years, they would offer to represent you when filing a work-related personal injury claim on a No Win No Fee basis. The solicitor would assess your claim by providing an initial consultation that can often take place over the phone. There would be no charge for this first consultation and you would be under no obligation to pursue your claim against an employer if you change your mind.
There are many advantages to having legal representation when you seek compensation from an employer because it can help speed up what is often a long-drawn out and confusing legal process. There are many pitfalls and time limits as well as pre-action protocols that you may not be aware of but which an experienced personal injury solicitor understands and respects.
Another advantage is that having legal representation from a No Win No Fee solicitor means that your injuries would be assessed by an independent medical professional so that a report can be done sooner rather than later which again, can help speed things up considerably. Solicitors have the necessary experience when it comes to communicating with employers and their insurance providers who deny liability for the workplace injuries you sustained and are able to negotiate on your behalf. Very often it only takes a letter from a lawyer for the insurer and an employer to change their minds and accept that they are responsible for the workplace injuries you suffered.
If you were involved in a workplace accident and suffered any sort of injury whether minor or more severe, and you would like more information regarding an employer’s responsibilities towards you and your fellow employees, please follow the link provided below:
For more in-depth information about contributory negligence and how it may apply to a personal injury claim against an employer, please click on the link below:
To find out more about the requirements relating to Accident Books in the workplace, please follow the link provided below: