If you have suffered an injury at work, it can be a stressful and worrying time. However, things can become even more complicated if the injury has exacerbated an existing medical condition. In this article, we will explore whether you can claim compensation if an accident at work injury made a medical condition worse.
Understanding the Impact of Work-Related Injuries on Existing Medical Conditions
When an injury at work exacerbates an existing medical condition, it can have a significant impact on an individual’s physical and mental well-being. It can also lead to financial strain due to increased medical bills and time off work. This is why it is important to understand the implications of work-related injuries on existing medical conditions.
In addition to physical injuries, work-related accidents can worsen medical conditions such as asthma, arthritis, and heart disease. This can make it more difficult for individuals to manage their condition, and may lead to additional medical treatment and medication.
It is important for employers to take steps to prevent work-related accidents, especially for employees with pre-existing medical conditions. This can include providing appropriate training and equipment, ensuring a safe working environment, and making reasonable accommodations to help employees manage their conditions.
The Importance of Reporting an Accident at Work
If you have suffered an injury at work, it is essential to report it to your employer as soon as possible. Reporting the accident can help to ensure that you receive the appropriate medical treatment, and it can also help to protect your legal rights.
When you report an accident, your employer should provide you with a form to fill out. This form will include details about the accident, the injuries you have sustained, and any witnesses to the incident. It is important to fill out the form accurately and in as much detail as possible.
Failure to report an accident can affect your ability to make a compensation claim. It can also make it more difficult to prove that your injury was caused by your employer’s negligence.
Seeking Medical Attention for an Injury at Work
If you have suffered an injury at work, it is important to seek medical attention as soon as possible. This will ensure that your injury is properly diagnosed and treated, and it can also provide evidence to support your compensation claim.
In some cases, an injury may not be immediately apparent. For example, if you have been exposed to harmful substances, such as asbestos, it may take years for symptoms to appear. It is still important to seek medical attention, even if you do not have any immediate symptoms.
Your employer may require you to see a specific doctor for your injury. However, you have the right to see your own doctor if you prefer. Make sure to keep all medical records and receipts related to your injury, as they can be used to support your compensation claim.
Proving Negligence in a Compensation Claim
To make a successful compensation claim, you must be able to prove that your employer was negligent. Negligence means that your employer failed to take reasonable care to prevent your injury from occurring.
There are several factors that must be considered when proving negligence. These include whether your employer had a duty of care to you, whether they breached that duty of care, and whether that breach caused your injury.
To prove negligence, you will need to provide evidence such as witness statements, medical records, and photographs of the accident scene. You may also need to consult with experts such as engineers or health and safety specialists to establish whether your employer breached their duty of care.
Understanding Compensation Claims
To begin with, it is important to understand what a compensation claim is. A compensation claim is a legal process that seeks to obtain financial compensation for the physical, emotional, and financial damage caused by someone else’s negligence or wrongdoing.
Types of Compensation Claims
There are different types of compensation claims, including personal injury claims and medical negligence claims. Personal injury claims are the most common type of compensation claims, and they involve accidents that have occurred due to someone else’s negligence or carelessness.
Work-Related Injuries
Work-related injuries are a type of personal injury claim that occurs in the workplace. If you have suffered an injury at work, you may be entitled to make a compensation claim against your employer.
Exacerbating an Existing Medical Condition
If you have an existing medical condition, an injury at work can make it worse. For example, if you have a back problem and you suffer a slip and fall at work, this can aggravate your existing condition. In such cases, you may be entitled to claim compensation.
Proving Negligence
To make a successful compensation claim, you must be able to prove that your employer was negligent. Negligence means that your employer failed to take reasonable care to prevent your injury from occurring. You must also prove that your injury was caused by your employer’s negligence.
Reporting the Accident
If you have suffered an injury at work, it is important to report it to your employer as soon as possible. Failure to report the accident can affect your ability to make a compensation claim.
Seeking Medical Attention
You should also seek medical attention for your injury as soon as possible. This will ensure that your injury is properly diagnosed and treated. It will also provide evidence of your injury, which can be used to support your compensation claim.
Making a Compensation Claim
To make a compensation claim, you should contact a personal injury lawyer who specializes in work-related injuries. They will be able to advise you on the strength of your case and the amount of compensation you may be entitled to.
Time Limits
It is important to note that there are time limits for making a compensation claim. In most cases, you must make a claim within three years of the date of the accident.
FAQs
- Can I claim compensation if I had a pre-existing condition that was worsened by an accident at work?
- Yes, you may be entitled to claim compensation if your existing condition was made worse by an accident at work.
- How long do I have to make a compensation claim?
- In most cases, you have three years from the date of the accident to make a claim.
- What evidence do I need to support my claim?
- You will need evidence of your injury, such as medical records and reports, and evidence that your employer was negligent.
- How much compensation am I entitled to?
- The amount of compensation you are entitled to will depend on the severity of your injury and the impact it has had on your life.
Case Study
David is a delivery driver who has a pre-existing shoulder injury that he sustained while playing sports. Despite this, his employer does not provide him with any support or reasonable accommodations, and he is required to lift heavy packages on a regular basis.
One day, while lifting a particularly heavy package, David feels a sharp pain in his shoulder. He is unable to continue working and is taken to the hospital. There, he is diagnosed with a torn rotator cuff, which aggravates his existing injury.
David reports the accident to his employer and seeks medical attention. He is unable to work for several weeks and requires physiotherapy to manage his condition. He contacts our personal injury solicitors who specializes in work-related injuries and explains his situation.
Our solicitor advises David that he may be entitled to make a compensation claim against his employer for their negligence. David provides us with evidence such as witness statements, medical records, and photographs of the accident scene.
We also consults with a health and safety specialist, who confirms that David’s employer failed to provide adequate training and equipment for lifting heavy packages. The specialist notes that David’s employer should have made reasonable accommodations to help him manage his existing shoulder injury.
Based on this evidence, David’s Solicitor was able to make a successful compensation claim against his employer.
Testimonial
“I cannot express my gratitude enough for the help that my personal injury lawyer provided me during my compensation claim. After suffering a torn rotator cuff at work, I was unable to work and was left with mounting medical bills. However, my lawyer was able to secure a fair compensation package that covered all of my expenses and helped me get back on my feet.
Their attention to detail and dedication to my case was second to none. They kept me informed throughout the entire process and made sure that I understood my legal rights and options. Their expertise in work-related injuries and their ability to gather and present evidence was instrumental in making my case a success.
I am so grateful to have had their support during such a difficult time, and I would highly recommend them to anyone who has suffered a work-related injury. They truly care about their clients and will work tirelessly to get the compensation they deserve.”
How Much Compensation Can You Claim For a Pre Existing Injury Claim?
| Type of Injury | Compensation Range |
|---|---|
| Minor Injury claims | £1,000 to £3,000 |
| Moderate Injuries | £3,000 to £10,000 |
| Serious Injury claims | £10,000 to £50,000 |
| Severe Injury claims | £50,000 to £250,000 |
| Amputation Injury claims | £75,000 to £250,000 |
| Head Injury claims | £10,000 to £250,000 |
| Spinal Cord Injury claims | £50,000 to £500,000 |
| Psychological Injury claims | £1,000 to £50,000 |
| Burns Injury claims | £3,000 to £100,000 |
Please note that these compensation ranges are just estimates and can vary based on the specific circumstances of each case. Factors that can affect the amount of compensation include the severity of the injury, the impact on the individual’s life, and the extent of the employer’s negligence.
How Free Legal Justice Can Help with Work-Related Injury Claims
Free Legal Justice is a legal service that provides free legal advice and representation to those who have suffered work-related injuries. They specialize in helping individuals navigate the complex legal system and get the compensation they deserve.
If you have suffered a work-related injury, Free Legal Justice can help you understand your legal rights and options. They can provide you with free legal advice and guidance on how to make a compensation claim. They can also represent you in court if necessary, and help you negotiate a fair settlement with your employer’s insurance company.
Free Legal Justice understands that the process of making a compensation claim can be stressful and overwhelming. They are committed to providing compassionate and supportive legal services to help you through this difficult time. Their legal team is made up of experienced and knowledgeable solicitors who have a proven track record of success in work-related injury cases.
Guides and Useful Links
Your rights if injured when you are under 18 in the workplace
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