Concussion from an Accident at Work

Can I claim for a concussion from an accident at work if a co-worker caused my injury?

You may be eligible to pursue compensation for a concussion from an accident at work if you can prove that a co-worker caused your injury, however it is likely that you will have to pursue your claim for a concussion against your employer as they are the party obliged to take measures to safeguard your health and safety while you are at work.

Employers are obliged to exercise a ‘duty of care’ towards their employees, and therefore may be pursued for compensation for an accident which happens on the premises. While this ‘duty of care’ is not ‘absolute’ and you too must take some responsibility for your safety, it may be possible to pursue a claim for a work injury if you are able to prove that your employer failed in their obligation to protect you. The reason you may not be eligible to pursue a claim for a concussion against your co-worker is that your co-worker does not owe you a ‘duty of care’. If your co-worker injured you because they were insufficiently trained to do their job or because they were incompetent, your employer may be to blame for hiring them.

In order to ensure that your claim for a work injury has the greatest possible likelihood of success you should have sought medical attention as soon as possible after sustaining your injury. If you were unable to summon an ambulance you should have had a co-worker do it for you. Aside from ensuring that you receive the most effective treatment and observation possible, a visit to the nearest hospital’s Accident and Emergency department will ensure that you can obtain a record of your injuries – a document which may be key to your claim for a concussion.

Most employers are genuinely upset and concerned when they hear that one of their employees has sustained an injury at work. Some however, are more concerned with protecting their public liability insurance premium and for this reason may contest your claim for concussion from an accident at work compensation. If this is the case, you may have to gather evidence to support your claim for a work injury. CCTV footage, photographs of the scene and your injuries and witness statements may be available to use. If your employer keeps an Accident Report Book – which they may be required to do for insurance purposes, you should ask to submit an entry and keep a copy of whatever you wrote.

To find out more about the claims process and pursuing a claim for a concussion from an accident at work, speak with a personal injury claims solicitor. A solicitor will be able to answer any questions you have about the claims process, as well as ones specific to your claim. Claims for compensation are always best pursued with the assistance of a personal injury claims solicitor.


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