Advice on Making a Claim Against your Employer

There are various circumstances under which an accident at work claim might be successful. It would be important to examine all the evidence to decide if it is worth making a claim.

Generally, it is assumed to work-related claims would have to examined in-depth to decide if there is sufficient evidence to bring a claim. As it is assumed such types of claims are not easy to prove and it is best to decide what course of action to take on a case to case basis.

work accident claimThe eligibility for making a work-related claim could include injuries suffered such as slips, falls, body injuries, etc. The right to seek compensation is allowed if it can be proven the injury was a result of the employer’s negligence.

There are cases in which a claim for mental stress suffered proved to be sufficient to make a claim for damages. For instance, the nature of the illness would need to be diagnosed and decide if there is proof of a recognised psychiatric illness or clinical depression.

The issue of a person suffering from an illness or personal injury could form the basis of a claim. There are situations which might have caused the exacerbation of anxiety and depression need to be examined in detail.

The real risk of psychiatric illness is the harm it caused to the claimant’s health.   It needs to be taken into consideration any work-related stress is a condition which can affect a person’s physical or mental well-being.

There is a duty of care which the employer owes to the employee. If there is a case of an employee suffering from depression or stress at work, it would be necessary to make sufficient adjustments to make allowance for the employee.

The type of adjustment for the employee consists of reducing the level of work, lack of support, extra guidance and supervision to ensure the employee can cope with the level of workload and be placed under the burden of stress.  However, in the event of the employer being negligent and ignoring the required adjustments for the employee, it could open the risks of work-related compensation claims.

The basis for a claim for damages covers various aspects and needs to be examined in detail to decide the best course of action. For instance, it can be a case a person who wants to claim for stress at work can claim for the physical condition or mental related illnesses.

The need is to cover any medical costs incurred or financial losses suffered due to the injury suffered by the claimant. It must be noted the burden of proof is with the claimant to prove any injuries or financial losses suffered are due to the negligence of the defendant.

It is important to gather as much evidence as possible for making a work-related claim. The collection of evidence would be important for supporting your claim and would help with getting the right amount of compensation. The type of evidence needed could include witness statements, medical reports, loss of earnings, etc.

It would be a case to seek independent medical report to provide as evidence of the type of injury suffered to support the claim. It is important to prove the employer had been negligent and not responsible which would form the basis for any form of the work-related claim.

The scope of what can be award as damages is wide and can include such as loss of earnings, recovery for loss of reputation, medical costs, traveling costs from home to the hospital etc. after there is sufficient evidence it would be important to prove causation and the actions or negligence of the defendant were the cause for the breach of duty of care.

It could be the case in which the defendant was in breach of statutory duty or guilty of negligence which resulted in the claimant suffering actionable damage.  In order to establish causation it would be important to apply the “but for the test” and to decide whether but for the negligent act of the defendant or the accident the claimant would not have suffered the injury.

The test is designed to ensure the responsibility for the negligence stems from the defendant and no intervening events have broken the chain of causation.

The employer is under an obligation to provide a safe working environment. In work related situation it may be a case, there is an employer and employee relation and to consider if the employer is under a duty to ensure the reasonable care of the employee.

The reality of making a claim would be based on the facts if the employer was really to be blamed for the personal injury and failed to take appropriate steps to readdress the situation. The other aspect of work-related claim is to look at the personal injury suffered during the course of work and assess if there are sufficient grounds for negligence. Furthermore, there is legislation in place which helps to protect a person against harassment.

The claim would be based on negligence, and there must be evidence to support the claim. Thus any form of loss or injury as a result or consequence of harassment would form the basis for the claim. The nature of the actions of the defendant must be deemed to sufficient for there to be sufficient justification in bringing a claim against the employer.

In the event of there being sufficient grounds for a claim, the number of damages being claimed would be determined by many different factors. It would be important to consult a lawyer to get an idea as to how to proceed with the claim and to decide what type of evidence is needed to make a claim.

References

  1. Mann, Jimmy P., and John Neece. “Workers’ compensation for law enforcement related post-traumatic stress disorder.” Behavioral Sciences & the Law4 (1990): 447-456.
  2. Luntz, Harold, et al. Torts: cases and commentary. LexisNexis Butterworths, 2017.
  3. Torrey, David B., and Lawrence D. McIntyre. “RECENT DEVELOPMENTS IN WORKERS’COMPENSATION AND EMPLOYERS LIABILITY” Tort Trial & Insurance Practice Law Journal51.2 (2016): 749.
  4. Abraham, Kenneth. The forms and functions of tort law. West Academic, 2017.