By: evelyn | Date: 2021-07-10
Do you know that victims can get accident at work claims if they get injured at work? Whether you work on a construction site, in heavy industry, or working in any type of office, you can claim compensation if the workplace accident isn’t your fault. You can claim workers’ compensation if your employer wasn’t fulfilling their responsibilities and you have sustained an injury at work, you can claim compensation. But what happens if you had an accident on the way to work in the UK?
All these questions may be popping up in your mind and you may be eager to get their answers. In this complete guide, we will examine the cases where you may not be entitled to claim compensation if you get injured while going to or coming back from work. So let’s start from the basics.
Let’s say it’s your bad day. You’re going to work but before you even reach there, you have a road traffic accident with another vehicle on the road. You may be thinking that your employer may be liable to compensate you because you sustained an injury on the way to work. Is it really the case? Is your employer actually liable? Let’s see what the laws of the UK have about it.
When you are going to work on your bike or vehicle and sustain an injury in the accident, you may be entitled to make a road accident claim. In this case, you may not be eligible for workplace accident compensation. It is because your commute isn’t considered a part of your employment. This is the reason you may not be eligible for a work injury claim in a case where you have sustained an injury while going to work.
As far as getting a road accident claim is concerned in such a case, we have two different scenarios here:
If this accident was caused due to your own negligence, you may even not be liable to make a road accident claim against your employer. It is because you have to prove that the accident was caused due to someone else’s fault in order to claim your compensation. There must be someone you can put the liability of the accident on.
If you have got injured while going to work and the negligence isn’t yours, you can make a car accident claim. In this case, you have someone to put the liability of the accident on. Hence, you can claim compensation against the other person and that person’s insurance policy will give you the compensation money.
If you work as a delivery guy for a particular company, you may have to travel between different places because of your work nature. Even if you’re not a delivery person, your office may have certain locations and you may have to go out because of your work.
So let’s say you were travelling from one office to another and got injured while travelling for work. In this case, we again have two different scenarios.
For instance, you hit the other driver and the mistake was your own. In this case, as we already told you, you may not be entitled to get compensation for your road traffic accident. But don’t lose hope. There may be a case where you may be entitled to claim your compensation. So it’s better to discuss your case with our experts who will let you know whether you can claim compensation or not.
It is the second case where you have sustained an injury while travelling between different offices. But this time, you were not at fault for the accident. The negligence was of the other person. Here, you can claim compensation from both the driver and from your employer. It means that you can get a road accident claim from the driver who injured you. Besides that, you can also claim workers’ compensation from your employer.
In the above-mentioned case, we have told you that you can claim both the car accident claim as well as a work accident claim. But you cannot have both of them as your compensation money. After you get compensation, you will have to pay back the compensation money you got from your employer. You can only keep your road accident claim.
When you get into a road accident against the other driver, they don’t pay you out of their own pocket. Instead, their insurance company pays you. But what if the other driver is uninsured and you had an accident on the way to work? In this case, you can make an uninsured motorist settlement against the other driver.
The good news is that you have a legal right to keep both claim amounts. In this case, you are not bound to keep only one compensation money. You can keep the uninsured motorist settlement as well as your workers’ compensation.
This one is quite similar to the one mentioned in the start of the post where we were talking about getting injured while traveling for work in the UK. As your commute from work is not the part of employment. So if you get injured while going back from work, you may not be eligible to claim your workers’ compensation. However, you may be entitled to get a road accident claim. For that, there are two possible scenarios.
Keep in mind that you have to prove that you are not at fault to get any type of personal injury claim. So if you are negligent when going back from work to your home and you get injured, you may not be entitled to claim compensation. You must prove the fault of the other party in order to claim your compensation.
If you were not negligent at the time of the accident and the other person’s fault injured you, you can claim compensation. Keep in mind that you may be eligible to claim compensation even when you are partly at fault for the accident. In this case, your workers’ compensation may be reduced as per your share of fault. To know more, discuss your case with our experts. We will let you know about how much compensation you can expect from your case.
This one is the most crucial, yet the most difficult part in any accident. Whether it’s a road traffic accident or an accident at work. It’s because the liability of the accident decides whether you can claim compensation or not.
That’s why you should let the experts decide it. If you don’t know whether you are eligible for the claim or not, try discussing your case with our experts. Our injury claim specialists will let you know about who is to blame for your accident at work.
Lawswood Claims has been providing injury claim services in England and Scotland for years. So no matter what type of accident you sustained your injury in, we are ready to assist you. For that purpose, we have taken an initiative. We are offering FREE initial consultation for you. So discuss your case with experts without even paying a single penny.
Schedule your appointment according to your own availability and our experts will analyse your case in detail from every possible angle to let you know about how much compensation you can claim for your injury.
There are a lot of possible ways to schedule your appointment with us. Here’s how to contact us.
We are also offering our services on a No Win No Fee basis where we help you claim compensation without charging even a penny in advance or during the case. Contact us to know more in-depth about this policy.
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