I recently sustained a ligament injury at work – however I did not visit the doctor until a week later, can this affect my compensation?
While you may be entitled to compensation for your ligament injury at work if you have fallen victim to third party negligence, your compensation can be affected if you have failed to seek immediate medical attention. Your employer has a duty of care towards you and all other employees, who should expect a safe environment in which to work. Should they fail to perform this duty of care you may be entitled to seek compensation for a ligament injury. However it should be remembered that this duty of care is not absolute, and there are certain circumstances in which your claim for a ligament injury could be affected.
If you were not entirely to blame for your ligament injury at work, you may be entitled to some compensation for your injuries. A ligament injury claim may be possible if your employer failed to take precautions in order to avert the possibility of an injury, or if unsafe working practices led to an accident occurring. For example, if you should have been provided with safety gear which could have averted your injury from being sustained – but were not – you may be entitled to claim ligament injury compensation. To establish your eligibility to make a claim for a ligament injury, you are advised to consult a personal injury lawyer at the earliest opportunity, who can advise on whether your compensation for a ligament injury is worth pursuing.
However if – as suggested – you failed to seek medical attention for a week after your ligament injury at work was sustained, your compensation may be reduced to reflect your own negligence. To strengthen the likelihood that you can claim compensation for a ligament injury, it is crucial that you sought medical attention at the earliest opportunity. This is not only to prevent further deterioration of your condition which could be prevented with prompt medical intervention, but also to ensure that your claim for a ligament injury is not affected by claims of contributory negligence. If you are determined to have contributed to the extent of your injuries, there is a possibility that your ligament injury claim could be reduced to reflect the extent of your negligence. For instance, if you are 20% liable for your injury, you may only be entitled to 80% of your ligament injury compensation.
There are other circumstances in which your claim for a ligament injury can be affected through contributory negligence. For instance, if you failed to wear safety gear which was provided or you ignored safety protocol, your ligament injury claim could be damaged due to your own carelessness. Determining liability for ligament injury compensation can be difficult, and a claim is best pursued with the assistance of a personal injury lawyer. For this reason, a lawyer should always be consulted at the earliest opportunity if you wish to seek compensation for a ligament injury at work.