Under Scottish law, you have the right to seek compensation from your employer when you sustain an injury in an accident at work that was not your fault. Despite this, your employer and their insurance company may do all they can to prevent you from receiving the compensation you deserve.
Reasons for rejected accident at work claims
Your employer may find many reasons to reject your claim. Some of these reasons may be legitimate; others may have no substance at all.
Common reasons for denials include:
- Missed deadlines – If you fail to make your claim within three years of your accident at work, your employer will have the right to reject your claim. However, if you can prove that you did not realise that you had sustained an injury in your accident at work in East Kilbride, you may still have a claim. This is especially true if you have been diagnosed with a repetitive stress injury, such as carpal tunnel syndrome, or a chronic illness, such as asbestos-related cancer.
- Off-the-job injuries – In some cases, your employer might claim that your injury happened outside of normal working hours. However, if you are certain that your injury is work-related, and you think a doctor could help you to prove it, you may still have a good chance of winning your claim.
- Improper behaviour – Your employer may try to allege that you were wholly or partly responsible for your accident at work. However, unless you intentionally hurt yourself, or were intoxicated at the time of your accident at work, you should still be eligible to receive compensation for your injury.
- Pre-existing conditions – Pre-existing medical conditions can play a significant role in compensation claims, but they can be overcome with proactive preparation. If your injury has worsened your state of health, you will be able to hold your employer liable.
What to do if your employer denies your accident at work claim
If your employer alleges that you do not have a right to receive compensation, you should contact Accident Advice Helpline right away. By hiring our experienced personal injury lawyers on a 100% no win, no fee basis, you will grant yourself the best possible chance of making a successful accident at work claim in East Kilbride.
To find out more, please call our freephone helpline and speak to our trained claims advisors, or fill out our 30-second test.
Date Published: 6th December 2014
Author: Jan Newell