If you have sustained an injury during the course of your employment, this may constitute negligence on the part of your employer. Your employer owed you a duty of care, and if you have suffered a physical or emotional injury because of your employer’s failure to protect your health and safety, you may be entitled to file a York industrial accident claim.
Proving your York industrial accident claim
If you intend to file a York industrial accident claim, the burden lies on you to prove that your employer acted negligently. To succeed with your claim, you must prove the following three things:
1. Your employer owed you a duty of care
2. Your employer was in breach of that duty
3. You suffered damage caused by your employer’s breach of the duty of care
Proving your allegations can be a complicated task and your employer’s insurance company will only agree to provide you with compensation if you have a solid body of evidence to back up your claim.
Receiving compensation from your employer
If you win your claim, a number of factors will affect the level of compensation you will receive. These include:
- Type of injury
Your employer will evaluate your injury according to its severity. A severe injury will attract a higher compensation settlement than a minor injury.
- Contributory negligence
Your employer will take into account whether or not you contributed to your own injury by acting in a careless manner.
- Medical history
Your medical history is a key factor in determining the value of your claim. Your employer may reduce your compensation settlement if your medical report suggests that an undisclosed preexisting medical condition may have contributed to the severity of your injuries.
Getting help with your claim
If you think you have a strong case for compensation and you intend pursuing a claim against your employer, you must contact the team here at Accident Advice Helpline for free, no-obligation help and advice.
Even if you think you may have been partly at fault for your York industrial accident, it is still worth calling our Freephone helpline and discussing the facts with our trained claims advisers. With our help, you may be able to find a way to secure a compensation settlement from your employer. Call us free on 0800 689 0500 or 0333 500 0993 from a mobile phone for free, no obligation advice about making a claim.
Date Published: 30th November 2014
Author: Jan Newell