By: evelyn | Date: 2021-01-04
Everywhere on the internet, you will find countless articles on what to do after an accident at work to make an injury at work claim. The reason is that the workplace accident laws are strict in the UK and you can make an accident at work claim against your employer. However, there are certain conditions associated with your workplace injury compensation claim. You can’t make a workers’ compensation claim in every situation. There are certain limitations to it. Under some conditions, you cannot sue your employer for your injury at work. But no one really talks about it.
In a previous post, we told you about what you should not do after an accident at work. However, there are some conditions where you aren’t even eligible to make an injury at work claim. But you won’t find them on the internet. That’s why we have decided to let you know about a few conditions where you can’t make an accident at work claim. Let’s first get started from the basics and know about the eligibility criteria to sue your employer for an injury at work.
The first confusion that many victims of workplace accidents have is whether they are eligible for the accident at work claims or not. The simple answer is yes. But only when you were not negligent at the time of the accident. If you believe that you have sustained an injury at work due to the fault of your employer, you can make a workplace accident claim against them.
After you prove that the employer was at fault for your accident, you can get your compensation. It will cover everything including your medical expenses, travel costs, loss of income, work-related benefits and any other expenses connected to your accident at work.
Not every condition makes you eligible for workplace injury claims. Based on our experience, we have analysed the work injury claim caused from every angle to check the scenarios where a victim cannot make a claim against their employer. And guess what, we have found the five conditions. Hence, you cannot make an accident at work claim against your employer if:
The first one is pretty obvious as it is also mentioned in the eligibility criteria for making a claim. To make a claim, you have to hold someone liable for the workplace accident. In an injury at work, that person is your employer. You can make a claim when your employer was negligent about your safety at work. But when you are at fault for the injury, there is no one to blame. Hence, you cannot sue your employer for a work accident compensation claim in a case.
Though you may consider this condition to be the same as the first one, it is different. Let’s say you had an accident and you are in a trauma of the accident and feeling extremely nervous. At this time, you don’t know whose fault it is. Your supervisor comes and you start saying sorry for the accident and claim that it was your fault. The manager threatens or politely asks you to sign a document where you admit that the accident was your fault. If you sign the document, you cannot make an injury at work claim against your employer. That’s why you should never accept liability for the accident no matter whether you consider it to be your mistake or not.
After the workplace accident, your employer may offer you some compensation money as a settlement amount of this accident. This amount may not be enough to cover all your expenses. But once you accept it, you will no longer be able to make a workplace accident claim against your employer.
The same happens when you accept a settlement offer from the adjuster. That’s why it’s not a good idea to settle your claim by yourself. Because you may get less compensation than you actually deserve. If you know the do’s and don’t of an accident at work, you know why it’s a bad idea to rush to settle your claim.
In all types of personal injury claims, you have three years to make a claim. The same is the limit when it comes to the work injury cases. You can make your claim within three years after your workplace accident claim. During this time, you can make a claim anytime you want. It means that you must issue proceedings within three years after your workplace accident.
But you cannot sue your employer for a workplace injury claim if the three years deadline is over. Nevertheless, there are some exceptions to this rule and you can make your claim even after three years have passed to your accident. But why take a risk? Make your claim once you have enough evidence to prove your innocence.
According to the laws of the UK, you cannot make your own workplace injury claim if you are under 18 at the time of the accident. It is because they lack the necessary ‘legal capacity’ to make a claim. However, it doesn’t mean you have to bear all the expenses on your own. Your three years time limit will start once you turn 18 years of age. In addition to this, a responsible adult, usually a parent or guardian, can make a workplace accident claim on your behalf. That person is known as a ‘litigation friend’.
We have shared with you the five cases where you are not eligible for an injury at work claim. However, don’t make any assumptions on your own. Always discuss your case with a work injury claim specialist despite having the same case as mentioned above. They may figure out a way to get your compensation money.
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