I was badly injured at work after scaffolding I was standing on collapsed. The doctors told me I will be unable to work for five months; can I recover my loss of earnings if I make a compensation claim for breaking a leg at work?
Provided you can demonstrate that your employer’s negligence lead to the accident and consequently your injury, you should be able to recover your loss of earnings in a compensation claim for breaking a leg at work. Once you have received professional medical care you are advised to speak with a personal injury lawyer.
Your lawyer will be able to calculate the potential amount of compensation you may be eligible to claim for breaking a leg at work. There are many elements that could be incorporated into this figure for example you may be able to recover your loss of earnings through compensation awarded under ‘special damages’. The intention of ‘special damages’ is to return your finances to the position they were before your accident occurred, therefore you may also be entitled to recover any medical expenses you incurred as a direct result of your injury as well as the cost of alternative transport if your injury means you are unable to drive. However you must provide evidence – usually in the form of receipts – in order to successfully recover these costs.
If you are unable to participate in hobbies or social activities that were part of your life before the accident you may be entitled to claim compensation under ‘loss of amenity’. It is recommended you maintain a diary detailing the events you missed out on and describe how that made you feel. This will also prove useful if you wish to make a compensation claim for a psychological injury. However you must be assessed by a psychologist if you wish to claim compensation for any emotional trauma suffered as a result of your injury.
It is important to be aware that it is quite common for the negligent party’s insurance company to approach victims with an early offer of compensation if they believe they are liable for the injury. If you receive such an offer it is imperative you refer it to your lawyer. A personal injury lawyer will calculate the potential amount of compensation you may be entitled to and advise accordingly whether you should accept the compensation offer or pursue your claim for breaking a leg at work further.