How to Claim Compensation for Work Injury in Tesco
This article explains some of the reasons why you might – or might not – be entitled to compensation for work injury in Tesco and the procedures you should follow after being injured in Tesco in an accident at work to support a work injury from Tesco claim for compensation.
A brief explanation of how to claim for Tesco work injury is also included; however, as no two claims for Tesco accidents in the workplace are exactly alike, it is always in your best interests to discuss the specific circumstances of your workplace injury with a solicitor at the earliest practical opportunity.
Your first priority should always be your health and, if you have not already done so, you should seek professional medical treatment for the injury you suffered. No amount of Tesco accident at work compensation will ever make up for a long term health issue which could have been avoided by immediate medical care and, to support your claim for injury at work in Tesco, you will need a doctor to complete the Injuries Board Medical Assessment Form B.
Claims for Tesco Accidents in the Workplace and the Duty of Care of Employers
In order to qualify to claim compensation for work injury in Tesco, you must have sustained a workplace injury which could have been prevented had your employer – or other person with responsibility for your health and safety – fulfilled his or her duty of care to provide you with a safe working environment.
An employer´s “duty of care” covers all his or her obligations to prevent an injury in the workplace wherever possible, and would include performing risk assessments to identify foreseeable hazards, providing training and supervision, and supplying personal protective equipment where necessary to eliminate the risk of a Tesco employee being injured at work.
Should an employer fail in their duty of care to eliminate the risk of an injury, and you subsequently sustain an injury during your employment as a result, you should be entitled to make a work injury from Tesco claim for compensation. It should be noted, however, that an employer´s duty of care is not “absolute” and, if you have sustained an injury in an accident at work which could not have been foreseen, claims for Tesco accidents in the workplace are unlikely to be successful.
Procedures for Claiming Tesco Accident at Work Compensation
The procedure most commonly used for claiming Tesco accident at work compensation is to submit an application for assessment to the Injuries Board. Your application can be completed on a paper form or online, but must be submitted with a medical practitioner´s report comprising details of the injury you sustained. Receipts for any expenses you have incurred which are directly attributable to your Tesco work accident should also be attached to your application.
The Injuries Board´s role is only to assess the amount of compensation for work injury in Tesco you are entitled to, and not establish liability for the injury you suffered. Therefore, the Injuries Board will write to your employer asking for consent to proceed with an assessment of your work injury from Tesco claim for compensation, and only continue once that consent has been received – effectively when your employer has admitted his liability for your workplace injury.
Thereafter you may have to undergo an independent medical examination to ascertain the severity of the injury you sustained at work and the Injuries Board will then send you and your employer a “Notice of Assessment” which – if both you and your employer agree to – is followed by an “Order to Pay” Tesco accident at work compensation. If either your employer denies his consent for the Injuries Board to assess your claim for injury at work in Tesco, or neither party agrees on how much compensation for work injury in Tesco you are entitled to, the Injuries Board will issue you with an authorisation to pursue your claim for Tesco work injury through the courts.
Contributory Negligence and Tesco Work Accidents
One of the reasons why consent to assess your claim for Tesco work injury may be withheld from the Injuries Board is if you are considered to have been partly responsible for the cause of the accident that led to your injury or the extent of your injury. The Injuries Board will only assess claims for Tesco accidents in the workplace in which total liability is admitted and, if you have contributed to the workplace injury, the Injuries Board will have no option but to issue you with an authorisation to pursue your work injury from Tesco claim for compensation in court.
Court action may be a last resort when making a claim for injury at work in Tesco, as it may also be possible to negotiate a settlement with your employer´s liability insurers where you accept a percentage responsibility for your workplace injury and that percentage is then deducted from how much compensation for work injury in Tesco your claim is settled for. Negotiating the value of Tesco accident at work compensation directly with an insurance company is not recommended without professional legal representation.
One aspect of contributory negligence which is sometimes overlooked is if you contributed to the extent of your Tesco work injury by failing to seek timely professional medical attention. Some people who are injured at work foolishly attempt to work through the pain – making their injury worse and putting their entitlement to claim compensation for work injury in Tesco in jeopardy. If this has happened to you, you should speak with a solicitor about whether you still have a valid claim for Tesco work injury which is worth your while to pursue.
How the Statute of Limitations affects a Work injury from Tesco Claim for Compensation
The Courts and Civil Liability Act 2004 set a limitation period of two years for making claims for Tesco accidents in the workplace from the “Date of Knowledge” on which the workplace injury is diagnosed. There are very few occasions in which a plaintiff would be unaware that they have been injured in an accident in Tesco and therefore the two year limitation period for making a work injury from Tesco claim for compensation would usually start on the day of your accident.
Two years may seem more than enough time in which to submit a claim for Tesco work injury to the Injuries Board for assessment but, if liability for your workplace injury is denied, or you are waiting for the results of an HSA investigation to confirm your employer´s liability in a claim for injury at work in Tesco, the time can slip quickly by.
If the full extent of the injury you suffered at work is not known, or due to complications it is taking a long time to recover from your workplace accident and impossible to calculate how much Tesco accident at work compensation you are entitled to, it is possible to “stop the clock” on your claim for compensation for work injury in Tesco. You will need the agreement of your employer´s insurance company to do this – assuming your employer has admitted liability for your Tesco work injury – and this is something which is once again best done with the assistance of a personal injury solicitor.
Always Get Legal Advice from a Qualified Solicitor
You do not need a solicitor in order to make claims for Tesco accidents in the workplace but it is often in your best interests to do so. In addition to acting as a go-between between yourself and your employer, and dealing with any difficulties that arise while making a claim for Tesco work injury, a solicitor has the experience to ensure you receive your full entitlement to Tesco accident at work compensation – whether your claim for injury at work in Tesco is resolved via the Injuries Board, by negotiation with your employer´s insurers or through court action.
Most solicitors will offer an initial assessment of your work injury from Tesco claim for compensation without charge if you have sustained an injury in work accident for which you were not entirely to blame, and provide you with answers to any questions you may have in regard to your eligibility to claim compensation for work injury in Tesco. As it is often in your best interest to have evidence gathered to add weight to your claim for Tesco work injury while it is still fresh, it is recommended that you speak with a solicitor about the circumstances of your work accident injury without delay.
