I would like to make an injury claim for a JCB accident on a construction site. The brakes failed while I was driving it and I crashed into a wall sustaining a broken nose and lacerations to my face from where I hit my head on the steering wheel. What steps must I follow to pursue compensation?
The circumstances surrounding the accident and the severity of your injuries are factors that will affect your ability to make an injury claim for a JCB accident on a construction site. You will require substantial evidence to support your claim however in the immediate aftermath of the accident your priority must be your health. Having a doctor or GP examine your injury will ensure there is a record of the injury contained in your medical history, this will ensure that the negligent party’s insurers cannot allege that you adversely affect your injury by failing to seek adequate professional care.
Once you have received medical attention, you are advised to speak with a personal injury lawyer as they will be able to help in gathering evidence to support your injury claim for a JCB accident on a construction site. Photographs of the accident scene and CCTV footage of the incident would be very useful, it is also recommended that you gather contact details of witnesses who saw the incident as their testimony may prove useful later.
Once you have gathered this information, you should make a note of your injury describing how it occurred in your employer’s ‘Accident Report Book’. Although it is worth remembering that you are not obliged to mention who you believe is responsible for the incident in this note.
To begin the formal process, your lawyer will send a ‘Letter of Claim’ to your employer’s insurance company notifying it about your intention to claim compensation. It then has 21 days to acknowledge the letter and a further 90 days to indicate if it accepts liability for your injury.
If responsibility for the accident is accepted, your lawyer will enter into negotiations with the insurance company to ensure you receive the maximum amount of compensation you are entitled to claim.
If they do not accept liability for your injury, your lawyer will initiate court action subject to your approval. However it is unlikely your injury claim for a JCB accident on a construction site will go to court and even if your lawyer does begin court proceedings, it is quite possible your employer’s insurers may offer to settle rather than risk a potentially expensive court case.