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Those who work in the health sector face many workplace risks, from being injured while performing general duties to accidents caused by poor health and safety or inadequate training. However, whatever position you hold in the healthcare sector, Ramsdens Solicitors can help you to claim the compensation you are entitled to.
Many people do not realise that they can make a claim for compensation following an injury, or they may choose not to due to their concerns about the stress involved with the process, and yet the money they may be entitled to could help significantly. Ramsdens Solicitors can guide you through the entire process, from helping you understand whether you have a claim, to representing you in court if it becomes necessary.
If you have suffered an injury at work due to an incident that was not your fault, call our expert solicitors to discuss your situation. Talk to us by calling 01484 821 500, emailing us at email@example.com, or filling out an online contact form to arrange a callback at your convenience.
If you have been injured while working in the healthcare sector, you can make a claim for compensation if your accident was caused by the negligence of others, for example, a lack of proper training, a failure on your employer’s part to provide you with the right equipment, appropriately trained colleagues or if you were asked to perform a task outside your job role that led to an injury.
We understand the unique risks and pressures that healthcare professionals face and the potential for accidents and injuries to occur in these highly stressful environments. Our dedicated team of personal injury solicitors specialises in handling claims for injuries suffered in the healthcare sector, aiming to support you throughout your claim and help you secure the compensation you deserve.
If you have suffered an injury while working as a healthcare professional, we can provide the following services to assist you:
We are committed to making the claims process as straightforward and stress-free as possible. Our aim is to help you get your life back on track after suffering a workplace injury. If you have any questions or if you are ready to start your claim, please get in touch with us.
Many healthcare professionals are prone to work injury, including:
There are all kinds of risks that these, and any other professionals in healthcare, can be exposed to in their workplace, ranging from the minor to the very serious. We have handled compensation claims including:
Healthcare workers face a wide range of risks in the workplace that can potentially lead to injuries and the subsequent need for compensation. Here are some types of compensation claims that healthcare workers typically make:
Each claim is unique and the amount of compensation that you may be entitled to will depend on the specific circumstances and severity of your injury.
The legal requirements for making a compensation claim in the healthcare industry are largely the same as in other industries. The key elements that must be satisfied are as follows:
For personal injury claims, you generally have three years from the date of the incident to file a compensation claim. This is known as the 'limitation period'. If you do not initiate legal proceedings within this time frame, you may lose your right to claim compensation.
However, there are some exceptions to this rule:
There is also an exception that applies to children, but this will most likely not be relevant for your workplace claim.
Given the importance of these time limits, you should seek legal advice as soon as possible after you have been injured.
Filing a compensation claim involves several key steps. Initially, you will have a consultation with a solicitor, during which you will discuss the circumstances surrounding your accident and injury. Your solicitor will use this information to determine whether you have a viable claim.
If you proceed with a claim, your solicitor will conduct a thorough investigation. This will involve collecting evidence, such as medical records, photographs and witness statements, and possibly arranging for a medical examination to assess your injuries.
Your solicitor will then send a 'letter of claim' to the party believed to be responsible for your accident (usually your employer or their insurance company). This letter outlines the details of your accident and the nature of your injuries.
The party at fault has a period of time (usually three months) to investigate and respond to your claim. They can either accept liability or deny it. If they accept liability, your solicitor will negotiate with them to reach a settlement. If they deny liability, your solicitor may need to take further action.
Your solicitor will negotiate with the other party or their insurer to agree on the amount of compensation. If an agreement can be reached, you will be awarded a settlement. If an agreement cannot be reached, your solicitor may advise taking the case to court.
If your case goes to court, a judge will decide on liability and the amount of compensation you should receive.
After a settlement is agreed upon or a court verdict is given, the compensation awarded will be sent to your solicitor, who will arrange for it to be transferred to you, minus any agreed legal fees.
An essential component of making a successful personal injury claim includes gathering as much evidence as possible relating to the incident and the injuries sustained. This evidence might include:
The length of time it takes to resolve a compensation claim in the healthcare industry can vary widely. It depends on several factors, including the severity of your injury, the complexity of the case, whether liability is disputed, and how quickly evidence can be gathered.
In straightforward cases where liability is not disputed, a claim might be resolved in a few months. However, more complex cases, especially those involving serious injuries or disputes over who is at fault, can take several years to reach a resolution.
In most personal injury cases, it is not necessary to attend court. Many cases are settled through negotiations between your solicitor and the party at fault (or their insurer) without the need for a court hearing. If your case is particularly complex or if a settlement cannot be agreed upon, it may need to go to court.
Even then, you may not need to attend personally, although in some instances you may be required to give evidence or testimony. If this is the case, your solicitor from Ramsdens will be there to support and guide you through the process, ensuring you are fully prepared for what to expect.
Compensation in personal injury claims is generally divided into two main categories:
General damages: this compensation is for the pain, suffering and loss of amenity you have experienced due to your injuries. The amount you may receive is assessed according to the severity and type of your injury, its impact on your lifestyle, and the extent and duration of your symptoms.
Special damages: this covers any financial expenses or losses that you have incurred as a result of your injury. Special damages may include:
When calculating your compensation, all these factors will be taken into account, ensuring you receive a comprehensive award that reflects both the physical and emotional suffering caused by your injury and any financial losses or expenses you have incurred.
You can claim compensation for both physical injuries and psychological harm if these have been caused by the accident at work. Psychological injuries could include conditions such as anxiety, recognised phobia’s, depression or post-traumatic stress disorder (PTSD). As with physical injuries, the severity of the psychological harm and its impact on your life will be taken into account when determining the amount of compensation.
It's important to note that psychological harm must be diagnosed by a medical professional to be considered in a claim. Your solicitor may arrange for a psychological assessment to help substantiate this part of your claim.
There are no fixed upper limits or caps on the amount of compensation you can receive for a personal injury claim in the UK. The amount awarded is based on the individual circumstances of your case, such as the severity of your injury, the impact on your lifestyle, and any financial losses you have incurred. For severe injuries that lead to lifelong disability or a major impact on quality of life, the compensation awarded can be substantial.
However, there are guideline amounts for different types of injuries set out in the Judicial College Guidelines, which are often referred to when determining compensation amounts. These provide a range of compensation for various injuries, but the exact amount awarded can vary based on the specifics of your case.
The legal costs associated with pursuing a compensation claim can vary depending on the complexity of your case. Typically, these costs will include solicitor's fees, court fees, and expenses for things like medical reports.
However, at Ramsdens Solicitors, we handle personal injury claims on a no win, no fee basis. This means that you will not need to pay any upfront legal fees, and if your claim is unsuccessful, you won't have to pay our legal fees.
If your claim is successful, your legal costs will often be paid by the other party. However, some part of your compensation might be used to cover any legal costs not recoverable from the other party. Your solicitor will explain this to you in detail before you decide to proceed with your claim.
You can still make a compensation claim even if you are no longer employed by the healthcare organisation where the incident occurred. The key consideration is not your employment status at the time of the claim, but whether your employer at the time of the accident breached their duty of care to you, resulting in your injury. Remember, you generally have three years from the date of the accident, or from when you first realised you were injured, to make a claim.
It is unlawful for an employer to retaliate against an employee for asserting their legal rights, including making a personal injury claim. If you experience any form of retaliation, such as dismissal, demotion, discrimination, or harassment, you could have grounds for an additional legal claim, such as unfair dismissal or detrimental treatment.
Filing a personal injury claim should not affect your current employment status or future career opportunities. Employers have a legal obligation to maintain a safe working environment and they should have insurance in place to cover any compensation claims arising from accidents at work.
Your right to claim compensation is a legal one, and any adverse action taken against you as a result of making a claim could be seen as discriminatory and potentially unlawful. This extends to future employers as well: they should not discriminate against you because you've made a personal injury claim in the past.
It is always a good idea to consult with a legal professional if you have concerns about these matters.