A Guide To Making An Injury At Work Claim In Scotland

By: evelyn | Date: 2021-03-16

How do the personal injury laws of Scotland differ from that of England? Can you get an injury at work claim in Scotland? Can someone help you make an injury at work claim in Scotland if they are expert in doing so in England? Does the amount of work injury compensation in Scotland differ from that of England?

All these questions combined with some other queries have confused several workplace accident victims. They have no idea of how to make accident injury claims in Scotland. But after going through this post, you will not have any question tingling your mind.

Without getting sidetracked, let’s get started with our guide to making injury at work claims in Scotland.

Is Work Injury Claims Process Different in Scotland?

If you think that the process of getting an accident at work compensation in Scotland is the same as it’s in England, I’m afraid you’re wrong. Several differences make it dissimilar to make an accident at work claim in Scotland than it’s in England. That’s why, if someone is an expert in handling injury at work claims in England, that doesn’t mean they are going to easily claim compensation in Scotland.

We often get this question, “can I make an injury a work claim in England if I got injured in Scotland”. We also get this question vice versa where people have sustained injuries in England and ask whether they can claim Scotland.

Keep in mind that you have to make your injury claim in the country you have sustained your injury in. If you have sustained your injury in Scotland, you can claim your money in Scotland and the same rule applies for conceiving injury in England.

Difference Between English And Scottish Law?

The Scottish legal system is independent as per the Treaty of Union 1707. This means is that Scottish laws and procedures are different in many ways from English Law.

No doubt several differences have vanished with time. However, the law-making powers of the Scottish government increase the probability that several differences can arise in the laws of both countries in near future.

For instance, Scotland has had a lower limit of legal alcohol for driving since 2014 when compared to the rest of the UK.

Accident At Work Claims In Scotland

When it comes to the accident compensation claims in Scotland, generally, the laws are the same. However, there are some discrepancies between both legal systems that can have an impact on your work personal injury claim.

For instance, you can claim compensation in Scotland for pleural plaques caused by workplace exposure to asbestos. But you can’t pursue this claim in England.

Not only this but there are also some differences between the procedure of making claims in both countries. For example, there are certain statutory pre-action protocols to manage personal injury claims in England. But these protocols are voluntary in Scotland and only apply when both the claimant and defendant agree on them.

Eligibility Criteria For The Injury At Work Claims Scotland

The rules of being eligible for an injury claim in Scotland are pretty much the same when compared to the rules of England.

Whether you live in Scotland or England, your employer is legally bound to take care of your health and safety at work. They should provide you with safety equipment and training to reduce the risk of injury at work.

If you get injured at work in Scotland due to the lack of safety equipment or any other reason where you were not at fault, you could be entitled to get compensation for your injuries.

Can I Get Statutory Sick Pay If I Get Injured At Work In Scotland?

You may need to take your time off after you get injured at work. But the fear of losing your earnings may compel you to keep working despite the agonising pains you have. Luckily, you can also get sick pay in Scotland where you can take some days off work without losing your earnings.

If your contract doesn’t include sick pay in it, then you may be entitled to get Statutory Sick Pay.

Read more about: Do I Get Full Pay If I Get Injured At Work In the UK?

Difference Between English And Scottish Compensation Amount

The amount of accidents at work compensation in Scotland also differs from what victims get in England. For instance, the family of a worker who has been fatally injured in a workplace accident in Scotland is likely to get higher compensation money when compared to the worker who has conceived injuries working in England. But if you know how to maximise your accident at work claim, you can get the maximum compensation money no matter where you live.

Hiring Injury Claim Specialists In Scotland?

First, it’s crucial to hire an injury claim specialist if you want to make a successful injury at work claim against your employer. A claims specialist can handle everything on their own and significantly increase the chances of getting your injury at work claim.

But victims often make a mistake when hiring a work injury claim specialist. They don’t ask the specialist whether they have any previous experience in making accident injury claims in Scotland or not.

As mentioned earlier, there are some differences in the accident claims procedure in both countries. So you should only hire someone who has been providing their services in Scotland or both countries.

How Lawswood Claims Can Help You?

Lawswood Claims has been providing its work injury claim services in both England and Scotland for years. The best thing about our services is that we provide you with a No Win No Fee claim in Scotland. What it means is that you don’t even have to pay anything in advance to make your claim. We handle everything on our own and take full responsibility for your claim. You will only have to pay our dues after winning the case and getting the compensation money in your accounts.

If you have sustained an injury at work in Scotland, get connected to us and we will cater to everything on your behalf.

    Injury At Work Claim Scotland
    CALL US: 0330 223 5110