After an accident or a fight, many woman ignore making an injury claim. This is because majority see it as complex and an intimidating process. In many cases, some of the challenges faced in filing a case is because the case started off on the wrong footing. In this piece we are going to explain the claims process in a simple and clear term but before then, we are going to see 6 injuries you must claim for.
What are these six injuries to claim for?
They are as follows:
1. Dislocations
2. Bruises
3. Strains
4. Deformation
5. Paralysis
6. Cuts
These injuries may occur at work, at play or during a misunderstanding. The place of occurrence or the individual involved should not stop you from making a claim.
The process of making the claim
How long should you wait before making a claim? By law (The 1980 Limitation Act), you are expected to make your claim within 3 years of the event. However, it is advisable to make claims earlier. This is because early claims mean that evidence will still be fresh and all statements will be vivid and clear. Again, this will help you access the medical insurance of the company so as to avoid incurring any personal costs.
Many claims are completed within a few months and only a few percentage of these drag on till the trial stage. The trial can become very lengthy if you do not get a work injury lawyer who properly understands the case and knows how to get early compensation. With many lawyers, the situation is often a no-win-no-fee scenario which means you won’t have to pay the lawyer unless you receive compensation.
You will not make the claim by yourself. This is the lawyers work and the other party will have their own representatives. The negotiation is done between the two representatives before the decision is made regarding whether compensation will be paid.
What is the procedure like?
All injury claims are governed by the Personal Injury Protocol which is basically a laid down rule for personal injury lawyers and insurers. Both parties will act fairly in line with this procedure. A letter of claim is sent to the “offending” party and it is expected that they will respond within 90 days admitting or denying culpability in the situation.
Medical authentication
A medical evaluation is needed so as to prove the authenticity of your injuries. The medical evaluation can be done by an independent doctor or one that is recommended by the “offending” party. It is the medical officer’s duty to serve a report on any injuries you may have, stating confirmation of the extent of the injury and expected recovery rate.
When will compensation be paid?
The level of compensation will be agreed on after the authenticity of your claimed has been properly verified. The work injury lawyer will state the compensation you deserve and the amount will be negotiated by the other party till an agreement is reached. If an agreement cannot be reached, the claim will be taken to trial.
With this you can see that the process of filing injury claims is straightforward. It is left to you to ensure you enlist the services of a qualified and knowledgeable injury lawyer.