Accidents at work can be dreadful because it can result in severe injuries and sometimes even fatalities.
Most of the workplaces, especially factories have large equipments that need to be handled carefully and also involves a lot of people working together.
In case an accident occurs at the workplace, what is the procedure to file an injury claim? Most of the workers come at crossroads when they think about filing a claim for compensation as they feel that it would affect the relationship with the employer and the future prospect.
Along with the suffering from the injury, they also worry about their future in the company.
It is mandatory to cover the employees under the Employers Liability Act, 1969.
This act was established by government to ensure that an employee who has had an accident at work be compensated for it.
When the employer has covered his employees, the Letter of Claim sent to him by the claimant is forwarded to the insurance company and it is for the insurer to take up the issue further.
In many companies, most of the employers encourage workers to file an injury claim.
As soon as an accident takes place, there are few things that should be done.
So when meeting a solicitor for the first time, be prepared and provide as much information as possible for them to assess your case.
• First and foremost thing you should do is to get medical attention and make sure that the injury is dealt with.
Ask the medical practitioner to record everything regarding the injury as medical records act as an important document for a claim.
• It is pertinent to complete an accident report form at the earliest.
Even if you are not in a position to do so, request a friend or colleague to complete it and get a copy of it if possible.
• If you can gather information, specifically photographs of it which proves that the accident took place due to faulty function of an equipment or negligence, it will support your claim to a greater extent.
• If your company has a CCTV camera and if you think the location of accidents might have got recorded, request for a copy and keep it handy.
What Your Solicitor Will Do • Your solicitor will try and gather as much information as possible when you meet with them for the first time and in case you're okay to go ahead with them, they will start investigating.
• Second step is to Send a Letter of Claim to the employer and wait for an acknowledgement within 21 days.
After receiving an acknowledgement letter your solicitor will give 90 days for them to take up the claim and investigate, post which they will revert back with the denial or acceptance of liability.
• From there your solicitor will take further action based on the defendant's position.
With a solicitor, an injury claim for accidents at work is not a big task.