If you've been injured in a workplace accident or suffered ill health due to work conditions, you're likely entitled to compensation. However, workplace injury claims can become complicated based on your specific situation. This guide will walk you through the different scenarios where you may need to claim compensation and what to expect.
Key Factors for a Successful Claim
For your workplace accident claim to succeed, you must prove the following:
- Someone, typically your employer, had a responsibility to ensure your safety.
- They breached that duty of care.
- You were injured as a result.
However, there are several complications that can arise, such as redundancy, liquidation, or self-employment. Regardless of your situation, our experienced personal injury solicitors are here to help.
Claiming on Behalf of Someone Else
In some tragic situations, the person who was injured in a workplace accident or developed ill health due to work is unable to make a claim on their own. This could be because:
- The accident resulted in a fatality.
- The victim suffered severe injuries like brain or spinal damage, leaving them incapable of pursuing a claim.
Child Claimants and Litigation Friends
In some cases, the injured person may be too young to claim compensation independently - children under 16 cannot make claims on their own. In other situations, the individual might be mentally incapacitated due to conditions like dementia.
In these cases, a "litigation friend" can step in to make the claim. This person, often a parent, trusted relative, or executor (in the case of a fatality), must be able to fairly and competently manage the proceedings without any conflict of interest. It’s important to note that any compensation awarded belongs to the injured person or their estate, not the person making the claim on their behalf.
Claiming Against an Employer in Liquidation
If your employer has gone out of business or entered liquidation, you may think you’ve lost the opportunity to claim compensation for a workplace injury. However, claiming against an employer in liquidation is still possible.
Employers are required by law to carry employee liability insurance. Even if they no longer have the financial means, their insurance policy is likely still in place to cover compensation claims. In most cases, pursuing a claim is no different from doing so against a solvent business, though it may take longer to trace the relevant insurance policy.
At Thompsons Solicitors, we specialise in making claims against employers, even those in financial trouble, ensuring you receive the compensation you’re entitled to.
Claiming After Injury and Redundancy
Being made redundant does not eliminate your right to claim compensation if you were injured at work. Claiming after injury and redundancy is a valid legal option. Employers cannot avoid their responsibilities by making you redundant—your rights remain protected.
Your Rights After Redundancy
Health and safety laws remain in place even after your employment has ended. We understand that the financial strain caused by redundancy may make you hesitant to pursue a claim, but we are here to help. Compensation could cover:
- Lost earnings.
- Medical expenses.
- Rehabilitation costs.
- Loss of future earnings.
- Pain and suffering.
Injured While Visiting a Workplace
If you are not an employee but were injured while visiting a workplace, you are still protected under health and safety laws. Visitors, contractors, and suppliers are owed the same duty of care as employees.
The Law Is on Your Side
Employers must take reasonable steps to ensure the safety of everyone who enters their premises. If you’ve been injured due to negligence while visiting a workplace, you may be entitled to compensation. The Health and Safety Executive can prosecute employers for failing to meet these obligations, and you can file a claim against their liability insurance.
Claiming After Three Years Since Injury
In most cases, claiming after three years since injury is not possible, as workplace injury claims must be initiated within three years of the accident or exposure. However, there are exceptions, including:
- Industrial disease cases: Symptoms like asbestosis may not appear until many years after exposure. In these cases, the three-year limit begins when you become aware of the illness.
- Child claimants: For injuries sustained by children, the three-year limit doesn’t begin until they turn 16, though a parent or guardian can file a claim earlier.
- Mental incapacity: If you were mentally incapable at the time of the accident, the time limit doesn’t start until you regain mental capacity. A representative can file a claim on your behalf during this period.
- Death in the middle of a claim: If the person who suffered the injury dies before their claim is resolved, the three-year limit resets from the date of their death.
Self-Employed Injury Claims
If you are self-employed and claiming for an injury you sustained while working, your situation may be complicated. If you were working for yourself at home, you cannot claim compensation unless someone else is responsible for your injury. For example, if you are a freelance writer and develop repetitive strain injury due to your own lack of precautions, you cannot claim against anyone else.
However, if you were working as a contractor on a site or for another business, you may still be able to file a claim.
Contractors and Self-Employed Workers
Health and safety laws protect everyone in a workplace, including contractors, visitors, and suppliers. If you were working as a self-employed contractor and suffered an injury due to an employer’s negligence, you could have a valid claim.
Common professions that may be eligible for compensation include:
- Construction workers.
- Electricians.
- Plumbers.
- Roofers.
- Joiners.
- Scaffolders.
In these cases, you need to show that the person in control of the premises breached their duty of care.
Speak to Scotland’s Leading Personal Injury Firm
No matter your situation, Thompsons Solicitors is here to help you understand your rights and pursue the compensation you deserve. We specialise in workplace injury claims, including:
- Claiming on behalf of someone else.
- Claiming against an employer in liquidation.
- Claiming after injury and redundancy.
- Injured while visiting a workplace.
- Claiming after three years since injury.
- Self-employed injury claims.
We offer No Win No Fee services, and with a success rate of over 90%, you can trust us to fight for the compensation you deserve. Contact our specialist personal injury lawyers today for a free, no-obligation consultation.
