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Compensation for a Work Injury

Compensation claims in general are on the increase and those in respect of work injuries particularly so. At one time, accidents were often blamed on the individual's carelessness but the emphasis has now swung the other way. People now have more of an inclination to try to put the blame on others and claim compensation.

The increased incidence of compensation claims for work injuries is to some degree put down to the greater level of health and safety regulations. The onus is on the employer to create a safe working environment for all employees. They have a duty of care and, if this is breached and any resulting accident causes injury to an employee, they may have a claim for compensation.

Many employees are, understandably, wary of making a claim against the company for which they work. They fear it may spoil the relationship they have with their employer, may harm their chances of future advancement and, ultimately, could cost them their job. They generally shouldn't worry because companies will expect employees to claim compensation for work injuries. Indeed, it is such an accepted practice now that they would probably be surprised if no claim arose.

Compensation claims should not be taken personally, especially since the employer is unlikely to suffer financially should the claim succeed. All businesses are legally required to have adequate insurance cover and it is the insurance company that will ultimately pay the costs of any court case and the amount of compensation that is granted.

It should also be borne in mind that any amount awarded is not intended to punish the employer. Instead, its purpose is to compensate the victim for any pain and suffering, for financial losses due to being unable to work or having additional expenses and for any reduction in their quality of life. The aim of compensation is, as far as possible, to restore the employee to the situation they were in before the accident occurred.

It is within the power of employers to avoid most claims for compensation. As long as they comply with regulations, create a safe working environment and do all they reasonably can to avoid accidents, they should escape the need to pay any compensation. Only when they can be proved to have been negligent, and an accident has resulted from that negligence, will a claim succeed.

Problems will only arise if the employer disagrees with your claim or the amount of compensation that is being sought. In these instances, you will need to gather evidence and prove your case. You will generally require legal help to get the best result and may need expert witnesses to testify on your behalf. The chances of success are improved when there are previous cases where comparisons can be drawn.





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