If you have suffered injuries as a result of a workplace accident and your solicitor has agreed to deal with your claim, the payment of compensation money will only be paid to you if your claim is successful.
Compensation is also referred to as 'damages' for the losses you have suffered.
Compensation is made up of two categories known as: oGeneral Damages This is the element of the claim for your pain and suffering.
The value of the claim is assessed for each case individually and is based on previous reported awards made by judges in other cases which are similar to or the same as your case.
The impact of your injury on your employment, domestic life and recreational activities will also be taken into account.
Other issues to be considered under the heading of General Damages would be matters such as where the treatment process is protracted or where the injured person has lost the enjoyment of a holiday because of the nature and extent of the injuries.
It is worthwhile keeping a diary of the symptoms experienced, the impact they have on daily life and the treatment received.
At the appropriate stage in the claim the solicitor acting for you will arrange for you to attend a consultation with a medical expert who will prepare a medical report on the injuries sustained in the workplace accident.
If you keep a diary of your symptoms and provide the medical expert with a copy of the diary it will assist the medical expert in preparing the report.
Your solicitor will value your claim based on the contents of the medical report provided by the medical expert.
oSpecial Damages Special Damages is the name for the financial losses you incur as a result of the work place accident.
These may include the following, although this is a non-exhaustive list and your solicitor will advise you of any other financial loss which may be appropriate to claim in your case: oPersonal property damaged in the accident oTravelling costs incurred oMedication costs oAdditional household expenses oAssistance with personal care, domestic chores, gardening, shopping.
This is compensation for any help and assistance you receive during the time you are incapacitated which has been provided to you by family and friends who have not charged you for their assistance.
Confirmation of the assistance received from those who have provided the assistance will be required.
Therefore once again, a diary of those who have helped you, the tasks that they have done and the time spent in this way will assist your solicitor in valuing this aspect of your Special Damages claim.
It is beneficial and recommended that receipts are obtained and retained wherever possible in support of all your financial losses.
If you have lost earnings as a result of your workplace accident, your solicitor will ask you to provide your wage slips for thirteen weeks before the accident as well as wage slips following the accident which cover the period of time when you sustained a financial wage loss.
In circumstances where your employment is on a self employed basis and you have been unable to work as a result of the workplace accident or your ability to do the job was reduced or restricted, your solicitor will need your latest accounts and tax returns to calculate the financial loss sustained.
In order to prove your claim, it is extremely important that you keep all documents which relate in any way at all to your workplace accident for the injuries and losses you havesustained as a direct result of the accident.
If, for whatever reason you are unable to locate or provide the relevant documents then you may find that you will be unable to claim that element of the financial loss as it is the Claimant who has to prove his or her case.
In cases where the accident was caused as a result of defective property or equipment, then this property or equipment must be kept as it is crucial evidence for your workplace accident claim.
If any of your personal property has been damaged in the accident, such as clothing, then you will need to keep this as evidence of your loss.