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How Solicitors Calculate Accident At Work Compensation
Solicitors calculate accident at work compensation by assessing the claim for the work injury separate from the financial losses, such as loss of earnings, expenses and other losses. However the extent of the work injuries and the impact upon the worker will determine how much compensation for the financial losses can be made. Below is a brief guide on how accident at work compensation solicitors will calculate a work injury claim. Click here to go back to our workaccidents.org.uk home page.
Work Injury Accident Compensation.
The calculation of accident at work compensation claim is not an exact science. Following an accident at work, the work injury compensation Solicitor would obtain all necessary medical records including GP and hospital. These medical records would then be forwarded to an independent doctor who will examine the worker and provide a written medical report setting out any relevant medical history and the circumstances of the accident at work injury. The doctor will then ask questions about the work injury, accident circumstances and undertake a thorough examination. The doctor would then provide a full written report to the work injury compensation solicitor about the nature and extent of the work injuries. The doctor would also state in the report if-
- The accident at work injury have resolved at the time of the examination and if so, when they resolved and if that time was reasonable having regard to the work accident circumstances complained of:
- The accident at work injury will be resolved following the examination, and if so when it is expected the worker would recover from the accident. A prognosis would be expected by the solicitor from the doctor as to when (i.e. a date in the future) the worker is expected to fully recover from the injuries, so that the compensation for the work injuries can be calculated.
- The accidents at work injury are permanent. If so, then the solicitor would expect the doctor to set out fully the extent and nature of the work injury and how both physically and mentally the workers quality of life will be affected by the work injuries suffered in the accident.
- The accident at work injury are so severe to require further medical experts from different disciplines to advise upon the full extent of the injuries i.e. orthopaedic, urologist, accident and emergency consultant, psychologist amongst others.
- The accident at work injury are such that the expert will wish to take a “guarded” opinion about the nature and extent of the work injuries and will advise the solicitor to take a “wait and see” approach. What this means here is that the doctor is unable to say with certainty that the worker will be able to recover from the work injuries by a certain time interval in the future following the examination. Therefore to provide an more informed opinion about the work injury, the doctor will request to the solicitor that he or she would wish to see the worker again in, say, a further 12 months time and examine the worker once again and see how the worker has recovered. The solicitor would then request a further medical examination at a later time and obtain another supplemental report on the work injury before settling the claim.
Financial Losses For Accident At Work Claims
The accident at work injury compensation claim solicitors will also calculate the financial losses that are usually quite easy for a solicitor to calculate. The worker following a work injury compensation claim will often sustain a financial loss by taking time off work due to the work injury, loss of bonuses, travel expenses, medical fees, care costs and other losses following the work accident. All reasonable losses and expenses can be reclaimed including past, present and future losses.
The losses are usually basic math and entail a simple mathematical calculation. However where an accident at work involves a serious work injury, the quantification of the injuries as well as the financial losses and expenses can involve complex calculations which may need expert assistance from specialist accountants or actuaries, especially if pension losses are involved.
Compensation for Injury At Work – By Body Zone
After suffering an accident at work, the worry about instructing a work accident claims solicitor will be the furthest from your mind when you instruct us. We work for free WIN OR LOSE. Our FREE legal service extends to all employees whether they are a member of a trade union or not. For more information see our No Win No Fee Advice Page.
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