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Claiming Work Accident Compensation - Information for Families

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When a worker suffers an accident at work it can have far reaching consequences, particularly for family members. At Thompsons, we are committed to seeking justice for victims and their families. Personal injury compensation is an important part of this as it helps to lessen financial worries and provides the security of a financial safety net.

Workplace accidents vary in severity; from minor trips and slips, which may cause a sprained ankle or damaged ligaments in a wrist, to catastrophic accidents such as a fall from height which may cause life-changing injuries. Either way, if your family member has been injured due to a lack of care by their employer they are legally entitled to make a claim for compensation.

Benefits of making a claim

Some people, especially those with minor injuries, may not want to make a claim, particularly if they plan to continue working for their employer. So, they may take some time off work, often on statutory sick pay (SSP), and go back to work after 28 weeks, even if they are not fully recovered from their workplace accident. Some people go back to work earlier than they should because SSP is far below their full wage.

This should never happen. At Thompsons we can help accident victims by ensuring their rights. This means that your accident claim will take into account the full time you need for your injuries to heal properly and the compensation amount will reflect your full pay including any lost overtime and bonuses.

Plus, if you need rehabilitation in the form of treatment or physiotherapy, your compensation award will provide for this and you may be able to seek treatment privately so you won't need to go onto NHS waiting lists.

Protection in law

Employees who have suffered an accident at work sometimes fear reprisals and perhaps even the loss of their job if they speak up in order to make a claim. At Thompsons we understand this concern, but can reassure you that you are protected by law and that we will work to ensure your continuing employment rights are protected. Following illness or injury it is your right to keep your job, and it is your employer's responsibility to ensure that you are accommodated should your injury prevent you from performing your pre-accident workload.

In certain cases, a personal injury award can include retraining costs, so that you can learn new skills to enable you to work in a different capacity following your accident. Of course, you may not want to or be able to return to your old job. Thompsons will be on hand to advise you of how you can move forward in a new or modified capacity and advise on providing modifications for work equipment as well as your retraining options. Our work accident solicitors take all these factors and more into consideration when arguing your case.

Claiming work accident compensation on a family member's behalf

If the accident victim is able, i.e. has full mental capacity and is physically able, he or she will need to make the claim on their own behalf. However, friends and family can assist the claimant in lots of practical ways, such as helping to gather evidence from work colleagues and accompanying the claimant to meetings etc.

If the case goes to court and the claimant is not fit enough to attend, a doctor's certificate will be required.

In cases where a family member has died following an accident at work, a dependent can make a claim. The claim must be brought within three years of the death or within three years of the date that the cause was identified. Our serious and fatal injury claim section has lots more information on such circumstances.

The time following a fatal accident at work is extremely traumatic for the family, and Thompsons is committed to carrying out the claim as sensitively as possible while ensuring the family's rights are upheld. When someone dies as a result of going to work, the shock, loss and injustice can be overwhelming, but we are determined to be at your side to help you through the legalities of making a claim on behalf of your loved one.

Claiming compensation is not about making a fuss!

We sometimes hear family members say that their loved one "doesn't want to make a fuss" about their accident. However, we all have the legal right to seek justice and, in many cases the benefits of making a claim are more than just financial. For those who need it, a claim with us can provide access to treatments, rehabilitation therapies and retraining, as well as protection from the costs of these things.

And, in many work accident cases, the employer will have to put right the cause of the accident, so by making a claim your loved one can help prevent a similar incident from happening to another worker.

Thompsons – Helping you help your loved one

As one of Scotland's leading teams of work accident claim solicitors, Thompsons is dedicated to helping claimants get the most comprehensive package of compensation in the shortest time possible. You can read about some of our successful work accident claims here.

We pride ourselves on always working for individuals (the claimants) and never for businesses and insurance companies (the defendants). We campaign for the rights of workers in Scotland and pride ourselves on providing access to justice by offering a No Win No Fee package that protects claimants from legal fees should they lose their case.

You can talk to us today about your loved one's circumstances by calling 0800 0891 331, so that we can help you help them understand the benefits of making a claim.

Legal services for 5 1177
Based on 1981 reviews
Excellent
5/5
5 / 5

Guidance and Support

Robert Cranston and his team were very helpful and providing me with clarity and support throughout the whole process. I wasn't sure at first on the process and was anxious as never been in a position like that before. Robert eased fears and was extremely helpful from beginning to end. Thank you

Matthew Weir
20 August 2024
5 / 5

Great guidance and support

Robert and his team have provided really great support and guidance over what has been an almost 5 year process. Having never been in this situation before I wouldn’t have known what to expect or what was reasonable but I have had support each step of the way. Should I have to go through something like this again I would hope to be allocated the same team. Thank you!

Penny Thompson
8 August 2024
5 / 5

Excellent service

I found the whole team of Joel Very helpful and pleasant helpled through my claim explaining everything clearly as we went along Will definitely recommend them to anyone

John turner
25 July 2024
5 / 5

Professional service

Michael handled what was a very complex and long drawn out case with the utmost care and professionalism. He worked tirelessly to negotiate a sizeable settlement and ensured I was kept up-to-date throughout the process plus explained all the legal jargon clearly. Michael was always very polite and kind whenever we spoke and answered all questions and queries with such care. Michael truly is an asset to Thompsons and I would thoroughly recommend him to others.

Rebecca
26 June 2024
5 / 5

claim

Robert help get me get a settlement for my injury at work, he did this in a very professional way and managed to get me the best settlement for my case.

Anonymous
18 May 2024
5 / 5

Robert Cranston and Team

Having been appointed Robert Cranston and Thompsons Solicitors through my union (Unite), I was pleased initially by his great manners and positive attitude to what I though would be a mundane and relatively small job for him. I really wasn't expecting much from the whole experience. I couldn't have been more wrong. Robert gave me sound advice on what to expect, what time frame could be involved, and how many outside agencies could eventually take part in my case. He advised me to go ahead with legal action when I was really unsure as to whether there was any point in pursuing anything. Robert and his team involved a doctor, an employment expert, a pensions expert and even a psychiatrist to work on my case. This all took time and between Robert, and his team, I was kept fully informed and reassured about how things were going. My case was eventually settled at the pre trial meeting and I was given very sound advice as everything progressed towards that point. Ken and then Leo came on side to assist and provide advice with my case in the later stages, and along with Kath, Lyn and Yvonne, all working in the background, everything ended well into the evening at pre trial. Robert was always there for me. Questions were dealt with as I thought of them and I was reassured every time we spoke that I was being very well advised and cared for. Now that it's over, and I have time to reflect, I cannot fault Thompsons Solicitors in any way. I've been looked after since day one. My outcome, having been left with an amputation after an incident at work on another site, has far exceeded anything I could have initially imagined. It will help me and my wife to get on with our lives, which will of course never be as they previously were. I can wholly recommend Thompsons to look after anyone in need of a solicitor. Thank you Robert and the whole team ( Leo, Ken, Kath, Lyn and Yvonne). You've changed our future in the most positive way. With kind regards and best wishes.. Alan

Alan
27 March 2024
5 / 5

Work accident clain

After an accident at work I was promoted by my Union to pursue a claim for compensation

Thomas Duncan
11 March 2024
5 / 5

Excellent Result

First of all I would like to thank Thompson’s for the sterling job they did for compensation in the fight against FDC after an accident at work in 2019. Especially Robert Cranston who kept me updated at every step. He also explained legal format that was beyond my comprehension. Robert succeeded in securing a comfortable financial gain which I am very grateful for.

Anonymous
7 March 2024
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